
ESSENTIALS if CIVICS 


Wisconsin Edition 


/). (). KINSMAN 











COPYRIGHT DEPOSm 





















. 




























































































































































ESSENTIALS OF CIVICS 


WISCONSIN EDITION 


BY 


DELOS O. KINSMAN, Ph.D. 

'\ 


PROFESSOR OF ECONOMICS, LAWRENCE COLLEGE 
AUTHOR OF "THE LOCAL GOVERNMENTS’’ 

OF WISCONSIN, ETC. 



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» ) y 


THIRD EDITION 


REVISED 


<$lir (Enllrijr |Irptf« 

APPLETON, WIS. 

ALL RIGHTS RESERVED 







COPYRIGHT, 1921 
by 

D. O. KINSMAN 

First Edition, Published September, 1919 
Second Edition, Revised, November, 1920 
Third Edition, Revised, September, 1921 


JAN -7 1922 


©0.A654276 

M. C I 





PREFACE TO THE FIRST EDITION 

\ As a teacher of Civics for fifteen years in a Wisconsin 
State Normal School and as institute conductor for a yet 
longer period, I have been made aware of the very great 
'-need for a text in Civics prepared expressly for Wisconsin 
schools. This book is an effort to meet that need. 

Fully agreeing with the order and method of treatment of 
the subject outlined in the Manual of the Course of Study 
for the Common Schools of Wisconsin, I have followed both 
in the preparation of this text. It is hoped, therefore, that 
the teachers of the State will find this work most helpful in 
meeting the requirements set forth in the Manual. 

Good citizenship, like charity, begins at home, spreads to 
the school, the community, the State, the Nation and the 
World. The call everywhere is for a well informed, patriot¬ 
ic and progressive type of citizen. May this book prove of 
service in equipping Wisconsin pupils with the necessary 
knowledge, spirit and training to meet the call. The empha¬ 
sis in teaching should be upon the fact that the child is now 
a citizen and it is his duty to strive always to be the best 
possible one. 

The “Practical Points” found at the close of the chapters 
are for the purpose of connecting the subject matter of the 
text with everyday problems. The index is prepared with a 
view to making it of service in conducting topical reviews. 

The text is strictly up to date. It contains such modification 
in our political organization and procedure as have been 
made by the last session of the Legislature and a final chap¬ 
ter is devoted to the League of Nations with which every 
child should be familiar. With the many facts presented 


some errors have doubtless crept in, therefore, such correc¬ 
tions as the reader may see fit to suggest will be most wel¬ 
come. 

I wish to acknowledge my indebtedness to many friends 
and authors whose assistance has added materially to the 
value of this work. Especially do I wish to thank the teach¬ 
ers and school officers of the State who have given me en¬ 
couragement by the generous reception which they have 
accorded my smaller work on The Local Governments of 
Wisconsin. 


Appleton, Wisconsin 
September, 1919 


Delos O. Kinsman 


PREFACE TO THE THIRD EDITION 
I he present edition of the Essentials of Civics is a revision, 
the purpose being to keep the text up to date. The United 
States Census of 1920 and the action of the State Legislature 
at its last session have made necessary certain minor 
changes. A few statements have been modified to make 
them conform more exactly with present conditions. 

The author is aware that the large and increasing demand 
for the text is due to a growing desire for a practical dis¬ 
cussion of good citizenship, nevertheless, lie wishes to 
express his gratitude for this expression of appreciation. 


Lawraaee College 
September, 1921 


D. O. Kinsman 


CONTENTS 


INTRODUCTION 

CHAPTER I. 

Our Supreme Duty .11 

We Should Make the Most of Our Lives—What One Must Do t« 

Make the Most of Himself. 

CHAPTER II. 

Why Governments Are Necessary.15 

The Environment Necessary to the Best Development of the Indi¬ 
vidual—The Best Means for Guaranteeing the Right Environ¬ 
ment—Democracy the Best Kind of State. 

CHAPTER III. 

The Family and Its Government.21 

Definitions—The Family a Government—The Best Family Govern 
ment. 


CHAPTER IV. 

The School and Its Government .26 

The Child and the School—The School Government. 


THE LOCAL GOVERNMENTS OF WISCONSIN 
CHAPTER V. 

The School District and Its Government.32 

Why We Need School Districts—The Government of a School Dis 
trict—The Legislative Powers 1 —The Elective Powers—The 
Powers of the District Board—Special Duties of the School Ofti 
cers—City Schools. 


5 







6 


CONTENTS 


CHAPTER VI. 

The Town and Its Government.39 

The Need for Government—The Town Government—The Legisla¬ 
tive Department—The Executive Department—The Judicial De¬ 
partment—The Appointive Officers—The Conclusion. 

CHAPTER VII. 

The Village and Its Government.53 

The Need for a Village Government—The Annual Election—The 
Legislative Department—The Executive Department—The Judi¬ 
cial Department—Appointive Village Officers. 

CHAPTER VIII. 

The City and Its Government.59 

The Need for a City Government—Classes of Cities—The City 
Government—The Officers—The Legislative Department—The 
Executive Department—The Judicial Department—The Appoint¬ 
ive Officers—The Commission Form of Government—The City- 
Manager Form of Government. 

CHAPTER IX. 

The County and Its Government.80 

The Need for County Government—The Organization of the 
County—The County Government—The Legislative Department 
—The Executive Department—The Judicial Department—The 
Appointive Officers and Boards. 


- 

THE STATE GOVERNMENT OF WISCONSIN 
CHAPTER X. 

The State Government Established. .98 

Under French Rule—Under English Rule—As Territory of the 
United States—Wisconsin Territory Organized—State Govern¬ 
ment Organized—The Constitution. 







CONTENTS 


7 


CHAPTER XI. 

The Declaration of Rights. 104 

The Principles of Democracy—The Rights of Law-abiding Persons 
—The Rights of Accused Persons—Laws Must Be Respected. 


CHAPTER XII. 

The State Boundaries. 115 

CHAPTER XIII. 

The Voters. 117 


Their importance—Qualifications of Voters—Disqualifications of 
Voters—Registration of Voters—The Nomination of Candidates 
—The Election—The Canvass—Protection Against Corrupt Prac¬ 
tices—The Recall of Officers—The Initiative and Referendum— 
Safeguards of the Suffrage. 

CHAPTER XIV. 

The Legislative Department—Its Organization . . . 127 

Reasons for a Republic—The Two Houses—Membership of the 
Houses—The Apportionment—The Election of Legislators—The 
Qualifications of Members—The Term of Members—Vacancies— 

The Pay of Members—The Privileges of Members—The Sessions 
of the Legislature—The Organization of the Two Houses for 
Business—Quorum to Do Business—Publicity—The Keeping of 
Order—Order of Business—Methods of Voting. 

CHAPTER XV. 

The Work of the Legislature. 141 

The Power to Make Laws—Limitations Upon the Legislature—The 
Making of Laws—The Apportionment of Committees—The Pass¬ 
age of Bills. 


CHAPTER XVI. 

The Executive Department. 151 

The Governor—The Powers and Duties of the Governor—The Ex¬ 
ecutive Duties—Legislative Powers—Judicial Powers—The Lieu¬ 
tenant Governor. 







t 


CONTENTS 


CHAPTER XVII. 

The Administrative Department.162 

The Nature of the Department—The Elective Administrative Offi¬ 
cers—The Appointive Administrative Officers—The Administra¬ 
tive Boards—The Services of the Department. 


CHAPTER XVIII. 

The Judicial Department.171 

The Need for Courts—The Kind of Courts—The Justice Courts— 

The Municipal Courts—The County Courts—The Circuit Courts— 

The Supreme Court—The State Senate a Court. 

CHAPTER XIX. 

How Laws Are Enforced. 179 

Laws Supposed to Be Known—Capture of Suspected Person—The 
Trial—Criminal Law for but Few—Civil Cases—Administrative 
Law. 


CHAPTER XX. 

How Expenses Are Paid. 185 

The Needs—The Departments that Meet the Needs—Where the 
Money Comes from—Corporation Taxes—The General Property 
Tax—The Income Tax—Inheritance Taxes—How Money is Pali 
from the Treasury. 


CHAPTER XXI. 

Services Rendered by the State.. . 196 

The Schools—Public Libraries—The Health of Citizens—Care of 
Dependents, Defectives and Criminals—Highways. 

CHAPTER XXII. 

# Methods of Changing the Constitution.202 

Amendments, How Made—A New Constitution, How Framed. 







CONTENTS 


9 


THE UNITED STATES GOVERNMENT 
CHAPTER XXIII. 

The Steps Leading to the Union.206 

Colonial Government a Response to Common Needs—The First 
Union—Proposed Plans for Uniting All the Colonies—The Stamp 
Act Congress—The Townshend Acts—Committees of Correspond¬ 
ence—The First Continental Congress—The Second Continental 
Congress—Establishment of the Confederation. 

CHAPTER XXIV. 

The Establishment of the Federal Government . . .215 

The Constitutional Convention—The Adoption of the Constitution 
—Authority and Purpose of the Constitution—The Federal Con¬ 
stitution. 


CHAPTER XXV. 

The Legislative Department..221 

Its Organization—The House of Representatives—The Senate— 
Privileges of Congressmen—Compensation of Congressmen—Ses¬ 
sions of Congress—Organization of Each House for Business— 

The Passage of a Bill. 

CHAPTER XXVI. 

The Powers of Congress.233 

Kinds of Powers—Financial Powers—Commercial Powers—War 
Powers—Implied Powers—Powers Denied Congress—Powers of 
Each House Separately. 

CHAPTER XXVII. 

The Executive Department—Its Organization .... 247 

The Importance of the President—The Nomination of President 
and Vice-President—The Presidential Election—The Term of 
President and Vice-President—Vacancies—Qualifications—Privi¬ 
leges of the President—Compensation 





10 


CONTENTS 


CHAPTER XXVIII. 

Powers of the President.255 

The Enforcement of Law—The Military Power—The Power of Ap¬ 
pointment—The Power of Removal—Legislative Powers—For¬ 
eign Relations—Judicial Powers. 

CHAPTER XXIX. 

The Cabinet.271 

The Executive Departments—The Deparment of State—The Treas¬ 
ury Department—The War Department—The Navy Department 
—The Department of Justice—The Postoffice Department—The 
Department of the Interior—The Department of Agriculture— 

The Department of Commerce—The Department of Labor—Con¬ 
clusion. 

CHAPTER XXX. 

The Judicial Department.282 

The Federal Courts—The Circuit Courts of Appeal—The Supreme 
Court—The Jurisdiction of the Federal Courts—Original and 
Appellate Jurisdiction—Special Courts—Rights of Individuals. 

CHAPTER XXXI. 

The Rights and Duties of States.291 

The Territory of the United States—Government of Territories— 
Organization of Territories into States—The Rights of States— f 
The Duties of States to One Another. 

CHAPTER XXXII. 

The Method of Changing the Constitution.296 

Need for Amendments—The Method of Amendment—Amendments 
Adopted—The Supreme Law of the Land. 

CHAPTER XXXIII. 

The League of Nations.300 

Movement Toward a World State—The Need of a World State— 

The Establishment of the League of Nations—The Covenant— 

The Capital—The Organs of the League—Time and Place of 
Meeting—Powers and Duties—Important Provisions of the Cov¬ 
enant—Amendments—Members of the League—Conclusion. 






ESSENTIALS OF CIVICS 


INTRODUCTION 

I. OUR SUPREME DUTY 

We Should Make the Most of Our Lives. Our own life is our 
most valuable possession. We not only want to keep 
it, but we want it to grow, to develop, to enlarge and to 
be enriched. We each have a deep seated desire to make the 
most of it. Indeed, it is a duty we owe not simply to our 
selves, our family, our friends and to our country, but to our 
Creator who gave it, that we make it the very best life of 
which it is capable. One is not only a good person, but he is 
at the same time a good citizen, when he develops his best 
and noblest character in its physical, its mental and its moral 
expression; that is, when he attains the highest possible per¬ 
fection in body, mind and spirit. He must possess a vigor¬ 
ous, healthy body, a well trained mind and a keen moral 
sense, all of which should be placed at the service of his fel- 
lowmen. The best citizen seeks constantly to make the most 
of himself and to assist others to develop their lives most 
perfectly. 

What Must One Do to Make the Most of Himself? 

1. One must keep the body in good condition. This is 
done by eating pure food. It should be selected with refer¬ 
ence to its nutritive qualities and carefully prepared and 


11 



12 


INTRODUCTION 


served in a wholesome and nourishing form. The drinking 
water must not contain impurities of any kind. If it does, 
contagious diseases are likely to result. Lots of fresh air 
must be had both day and night. The clothing must protect 
the body from wet and cold. It is much more important that 
one’s dress properly protect the body than that it conform to 
the latest style. Senseless fashion has been more destructive 
of health and life than have wars. The home must be built 
warm and arranged so it can be easily ventilated, making 
provision for plenty of fresh air. Sufficient sleep must be 
had. Growing children should have at least nine or ten hours 
of wholesome sleep each night. 

Careful attention should be given to personal cleanliness. 
One should not only abstain from the use of drugs, narcotics, 
and liquor which have done so much to weaken and destroy 
life, but he should be temperate in all things, especially 
should this be true in eating and drinking. The exercise 
taken, whether it be work or play, should strengthen and de¬ 
velop every part of the body. A healthy body, then, is de¬ 
pendent upon pure food, pure water, fresh air, proper dress, 
plenty of sleep, a warm, well ventilated home, cleanliness, 
and the taking of plenty of good exercise. 

2. One must keep the mind wholesome and active. To do 
this one should desire a good education. The mind should 
be not only well disciplined and cultured but should be filled 
with useful knowledge. Upon leaving school one should 
enjoy thinking clearly and carefully; he should possess a 
knowledge of the wonderful things which God and man have 
done; and he should be intimately acquainted with sufficient 
practical information to enable him to earn an honest living 
and to co-operate with his fellow citizens in making his com¬ 
munity the best possible place in which to live. His aesthetic 
nature should be developed so he can enjoy the birds and the 


OUR SUPREME DUTY 


13 


flowers, the hills and the heavens, the seas and the sunsets. 
Architecture, sculpture, pictures, and music should give him 
great pleasure. Good newspapers, magazines and books 
should contribute greatly to his happiness and improvement. 
The present age with its means of travel and communication 
will not permit us to live isolated lives, so one who assumes 
to be educated must keep an interest in the great present 
day problems. He must be informed regarding the ques¬ 
tions of concern to his community, his town, his village or 
city, his county, state and nation; indeed, he must now be 
well acquainted with the great international questions which 
concern the United States and the world at large. Education 
is essential to a good life and to a patriotic citizenship. 

3. The spiritual nature must he developed. The possible 
ideals of life should be examined, classified and studied with 
reference to their relative values. One should decide early 
whether he is going to drift through the world or whether he 
is going to select an honorable occupation and be somebody 
worth while. When he determines his life work he must de¬ 
cide whether he is going to make it his chief purpose in life 
to accumulate money, to get rich; or to build character, to 
make the most of the spirit which God has given him. He 
should know why he is in the world and justify his existence 
by living a good life. Many people fail to give proper return 
to society for the food, clothing, shelter, education, training 
and service which is furnished them by the family, the 
school, the church and the state. Every child should resolve 
that he will not be one of this class but rather that he will 
give more to society than it gives to him. This can be done 
by living a good and useful life. 

After one has decided to live a right life he must develop 
self control and self direction. He must refrain from doing 
wrong and instead he must do right. This may require time 


14 


INTRODUCTION 


and repeated effort, but it must be accomplished before life 
can be worth while. One must study right lines of action, he 
must learn to love his fellows, helping them in every way to 
be betier, he must love and worship God for by so doing one 
learns to know and desire the best possible life. He must 
always be ready to serve both God and man. He should af¬ 
filiate with uplifting organizations. The present is sometimes 
called the age of organizations, and well it may be for the 
world has never known a larger number of cooperative ef¬ 
forts for the betterment of man. One cannot be a useful 
member of society without being associated with one or 
more of these organizations. He cannot join them all but he 
can select one, two or three of the best and become an active, 
helpful member of them giving the other members encour¬ 
agement and assisting the organization in every possible 
way to become most useful in its effort to uplift and improve 
mankind. 


REVIEW QUESTIONS 

1. What does one desire to do with his own life? 

2. Why should one make the most of his life? 

3. What must one possess to be a good citizen? 

4. What must one do to be the best possible citizen? 

5. What must one do to make the most of himself (a) physically? (b) 
mentally? (c) spiritually? 


PRACTICAL POINTS 

1. Have you a desire to live and develop in body? in mind? and in spirit? 

2. Ought each of us to do what is suggested in this chapter? 

3. Think of some things you are doing that are checking that develop¬ 
ment. 

4. Think of some things you should be doing to increase that develop¬ 
ment. 


II. WHY GOVERNMENTS ARE NECESSARY 


The Environment Necessary for the Best Development of the 
Individual. The environment best fitted for the development 
of our lives and those of our fellowmen is of very great im¬ 
portance. It is gratifying to know that centuries of experience 
have determined its nature. We need no longer be in doubt. 
That each individual may make the most of himself, certain 
personal rights must be guaranteed. 

1. Life and health must be protected. Dangerous per¬ 
sons must not be allowed at large. Criminals must be cap¬ 
tured and placed in prison. Dangerous places must be 
abolished or carefully guarded; contagious diseases must 
not be allowed to spread; and healthful conditions must be 
developed. Pure food must be assured. The manufacture 
and sale of injurious or poisonous commodities must be pro¬ 
hibited. The water supply must be pure. The conditions 
in the community must be thoroughly sanitary, in no way 
being permitted to endanger health or life. 

2. Freedom must be assured. So long as a person does 
what he ought to do, he should not be restrained in his liber¬ 
ty. No individual or organization should be allowed to im¬ 
prison such a person or force him to go where he does not 
wish to go. A person must be at liberty in order to engage 
in any business he likes or in any pleasure he enjoys so long 
as he refrains from encroachment upon the rights of others. 

He must be free to think, speak, and write as he wishes, 
for only in so doing can he fully develop his intellectual 
nature. Of course he cannot speak or write in a way that 
will injure the reputation of any other person. 


15 


16 


INTRODUCTION 


He must be at liberty to hold any religious belief and to 
worship as he sees fit, for this enables him to most perfectly 
deyelop his highest spiritual nature. But, again, in his wor¬ 
ship he must not be permitted to encroach upon the rights 
of others. It is only by enjoying perfect freedom of person, 
of thought and expression, of religious belief and worship 
that one is able to develop his noblest qualities. 

3. Property must be protected. A person must be able to 
keep possession of the property that rightfully belongs to 
him, otherwise there would be little inducement to labor in 
order to get property for present use, for the rainy day, and 
for old age. Provision must also be made by which one can 
receive property by purchase or gift and can transmit it by 
sale or bequest. Fraud must be prevented and protection 
against theft, against needless fire and destruction must be 
provided. The conditions should be such as to enable a per¬ 
son to receive, use and dispose of this property freely in 
business or pleasure so long as he does not abuse the rights 
of others, for only through such freedom in its employment 
can he make the most of his life, and the lives of those de- 
pent upon him. 

4. Besides insuring life , liberty and property the general 
good of society should be promoted. Schools should be es¬ 
tablished to provide opportunities for children to receive a 
training tfiat will fit them to be most useful and happy. Edu¬ 
cational, religious and benevolent institutions must be 
founded for the purpose of improving the intellectual and 
spiritual life of the community, or for taking care of the 
poor, the needy and the aged. So alms houses, hospitals, 
homes for orphans and old people, schools and colleges, 
churches and the like should receive special privileges. 
Places for healthful, wholesome recreation should be fur- 
wished; and entertainments provided. Short working 




WHY GOVERNMENTS ARE NECESSARY 


17 


hours, better housing accommodations and improved sani¬ 
tary conditions should be assured. Undesirable practices 
should be abolished, such as the use of cigarettes, liquors 
and drugs. Defectives, as the deaf, the dumb, the blind, the 
insane; dependents like the orphans, the poor and the aged; 
and the malicious such as incorrigibles and criminals must 
all be taken care of, otherwise society stands in great danger. 
Highways and bridges must be built and many other things 
done for the common good. Enough has been enumerated, 
however, to emphasize the need of cooperation if the mem¬ 
bers of society are to become the best possible citizens. 

It is an important conclusion we now reach—that if each 
individual is to make the most of himself, his life, his health 
and his property must be carefully protected; his freedom of 
thought and expression, of religious belief and worship must 
be guaranteed; his personal liberty must be assured; per¬ 
fect freedom in the right use of property must be provided; 
and the common welfare promoted. Without these rights, 
the development of the best life is impossible. With them, 
the individual is provided the environment best suited to the 
perfection of character. Society, then, must grant and must 
guard these rights. 

The Best Means for Guaranteeing the Right Environment. To 
provide the environment in which one may have the best 
possible opportunity to make the most of himself has been 
the problem of the ages. When man first appeared upon the 
earth, each individual did as he wished. The strongest man 
had his own way. He, doing as he pleased, took all for him¬ 
self and persecuted or killed the weak and dependent. But 
this did not and could not last. A better form of society— 
the family —was soon established. Then man sought to pro¬ 
tect, care for and improve the members of the family by 
feeding, clothing and sheltering them and settling their dif- 


18 


INTRODUCTION 


ferences by peaceful methods. He fought to secure for them 
the necessities of life and he attacked those who threatened 
to harm them. In time families of relatives combined into 
clans to peaceably carry on the common activities necessary 
to their development and to engage more successfully in 
wars with their common enemies. And, still later, the re¬ 
lated clans united to form tribes. After centuries, the tribes 
settled down, because they had begun to till the soil, and 
then it was that they united to form states and nations. So 
history is but the record of man’s struggle, somewhat blind 
at times it is true, to establish the environment in which each 
individual can develop the best that is in him. We, therefore, 
have the right to conclude that the conditions which have 
been established so universally are the best possible. As the 
result of trying many plans, it is now agreed that the best 
way to secure the proper environment is by making rules 
or laws which all should obey, and then by having them 
carefully enforced. The best means for doing this is to es¬ 
tablish a government with power to make laws, to enforce 
them, and to interpret and apply them. Thus has arisen the 
modern state. 

Democracy the Best Kind of State. The best kind of state to 
perform this very important duty has been found only after 
long experience. At first a monarchy was tried. One man 
ruled. He alone was responsible for the making of laws and 
for their enforcement and for their interpretation. The sub¬ 
jects simply obeyed. The selfish monarch often declared 
himself divinely chosen, treated the people as servants and 
even slaves. To please his fancy, they were often maimed, 
or tortured, or imprisoned or even killed, and often their 
property was taken from them for the use of the king and 
his friends. Against such abuse the unfortunate people had 
no protection. In time the more powerful subjects resisted 


WHY GOVERNMENTS ARE NECESSARY 


19 


such treatment, arose in their anger and limited the powers 
of the monarch, making his actions subect to their will. They 
now had a part in the making of laws. Thus an aristocracy 
was established and the second form of government was 
tried. But in time these selfish nobles conspired with the 
monarch and abused the rights of the people even as the 
king alone had done in the days of the monarchy. Such op¬ 
pression no liberty loving people could tolerate, and so the 
yoke of bondage was thrown off and a democracy was es¬ 
tablished. This was first done by the English colonies in 
America. After gaining their independence as a result of 
the Revolutionary War they adopted the Constitution of the 
United States, and thus established the first great democratic 
nation in the world. Many countries have since followed 
their example, until now it is agreed that a democracy, in 
which the people themselves make the laws, and enforce, 
and interpret them, is the form of government that guaran¬ 
tees most perfectly the life, the liberty and the property of 
the individual so essential to his most perfect physical, intel¬ 
lectual and spiritual development. Because of its great de¬ 
sirability it seems likely that the democracy will ultimately 
become the accepted form of government throughout the 
world. Its success must depend, however, upon a thorough¬ 
ly moral and highly educated citizenship. 

REVIEW QUESTIONS 

1. To make the most of one’s self what personal rights must be guaran¬ 
teed? 

2. What must be done for the children? for the poor? for the deaf, the 
blind, the insane? for the criminals? 

3. What is the best organization yet found for doing all this work? 

4. What kinds of states have been tried? 

5. Why have monarchies failed? 

6. Why have autocracies failed? 


20 


INTRODUCTION 


PRACTICAL POINTS 

1. Name some things being done in your neighborhood by the govern¬ 
ment: (a) to protect life; (b) to ensure liberty; (c) to guarantee freedom of 
speech and press; (d) of religious worship; (e) to protect property. 

2. Name some privileges your people are enjoying because they live in a 
democracy, instead of an aristocracy or monarchy. 

3. State the advantages of a democracy over a monarchy or aristocracy. 

4. In what ways may a democracy be made to fail? 


111. THE FAMILY AND ITS GOVERNMENT 


Definitions. A government is that power which makes laws, 
enforces them, interprets and applies them. This definition 
not only tells us what a government is blit suggests its three 
important departments—legislative, executive and judicial. 
A government in which the laws are made and the officers 
selected by one person is called a monarchy; one in which 
the laws are made and the officers selected by a few persons 
is called an aristocracy; and one in which the laws are made 
and the officers selected by the people is called a democracy. 
If the laws are made by the voters, as in our town meetings, 
it is called a pure democracy and if made by representatives 
elected by the voters, as in the state and nation, it is called a 
representative democracy or a republic. 

While time has produced important changes in the fam¬ 
ily giving the parents less authority over the children, still 
it remains the most important unit of present day society. 
With the settling down of the migratory tribes the ancient 
clan gradually changed into the city ward, or the village, 
or the town; and the tribe into the city or the county; and 
the union of the tribes constituted the state. In some coun¬ 
tries the states have been welded together into a powerful 
nation. The United States is a great nation of families com¬ 
prising towns, villages, cities, counties, states and the cen¬ 
tral government. 

The Family a Government. Is the family a little government? 
If we test it by our definition we see that we must answer the 
cpiestion in the affirmative, because the home is a power 
which makes, enforces, interprets, and applies rules or laws. 


21 


22 


INTRODUCTION 


The home makes laws. Gan you not name the laws of your 
home? Try it. Examine the list you have given and you will 
see that they are made for four purposes—to protect the life 
and health of the members of the family; to make each 
member free from the abuse of others; to protect the prop¬ 
erty from destruction; and to advance the best interests of 
the family as a whole. The parents are the officers of the 
home because they are the ones who make the rules and en¬ 
force them, punishing those who fail to obey them. The 
children are citizens. It makes no difference whether they 
are born into the family, or adopted, the laws apply to them 
just the same. The parents owe it to the children to know in 
what ways a child’s life and health may be endangered and 
to require each child to guard himself against the possible 
loss of either. Each child should be made to be just and kind 
and to respect the rights of the other children. The prop¬ 
erty belonging to the different members of the family and 
to the family as a whole should not be marred or destroyed. 
The members should be fed wholesome food properly pre¬ 
pared, their clothing should be warm, comfortable and 
clean; and the home should protect them well from the 
weather and be made as beautiful as the family can afford, 
with paint, pictures, flowers, shrubs and trees. Each child 
has a right to an education; and to be taught at home or 
school some trade or other means of earning an honest, re¬ 
spectable living. 

The children, on the other hand, owe much to the parents. 
They should be the best possible citizens in the little home 
state. They should obey the rules laid down by the parents; 
they should aid the otheT children to obey them, not by 
force, but by setting a good example, and persuading them 
that it is right; and they should assist in bettering the laws. 
Often the child finds that the parents have not laid down a 
rule governing a situation in which he finds himself. Here is 


THE FAMILY 


23 


his opportunity to determine the right thing to do and then 
to do it. This will develop him into the best possible citizen 
for it will prepare him for the more serious questions of life. 
The good citizen in the little home state is always ready to 
help his parents to make, save or wisely spend the money 
which is so important in the maintenance of the family. He 
should perform the tasks assigned him, whether they be 
small or large; help keep the home neat and clean and make 
it most beautiful. He should seek to add to the enjoyment 
and improvement of the home in every way possible. Are 
you a good citizen in your little home state? What can you 
do to make yourself a better one? 

The Best Family Government. In ancient times, before states 
developed, the father had the power of life and death over 
the children. This appeared necessary because it was only 
through a vigorous government of the family that good or¬ 
der was preserved in society. But as political states arose, 
the power of the father was lessened until at present it is 
quite limited. 

Yet, it should not be assumed that the family is unimport¬ 
ant. Marriage is a sacred contract which binds the family 
together. To preserve a well organized and wisely man¬ 
aged home is a sacred task. There must be provided the 
care and training so vital to the future happiness and wel¬ 
fare of the children. The parents must feed and clothe each 
child, keeping him dry and warm and well and protected 
from all harm. While he is young, the parents should tell 
him, for his own good, just what he must and must not do. 
The government is of necessity a little monarchy. As the 
child grows older, in addition to his care, he must be given 
an education. So important is good citizenship, that in 
democratic states educational opportunities are provided 
at public expense and parents are compelled, by law, to 


24 


INTRODUCTION 


send the child to school. As the child proves himself 
worthy, parents admit him into their council and he ex¬ 
presses his views regarding the care and government of the 
home. To him the home now has become a limited mon¬ 
archy, or aristocracy. 

The good child takes advantage of every opportunity of¬ 
fered by the home to learn the lessons of sacrifice, of devo¬ 
tion and of self-direction, all of which contribute so much 
to his future success. As he proves himself capable of re¬ 
fusing to do wrong and of choosing the right and doing it 
because he realizes he should, the parents are glad to grant 
him very complete self direction and ask his council in re¬ 
gard to family affairs. The home is now a little democracy. 

By taking advantage of the training offered, the child has 
prepared himself to become a good citizen in the state. 
In the ideal home the child is not just simply fed, clothed 
and protected from harm but he is trained physically, in¬ 
tellectually and morally to become ultimately a self-sup¬ 
porting, law abiding citizen. And the child is the best possi¬ 
ble citizen in the little home state. He obeys the rules made 
by the parents; he helps the other children to obey them 
through good example, and he does everything possible to 
improve the conditions of the home. By taking advan¬ 
tage of the training in a good home, the chil 1 is preparing 
himself most perfectly for citizenship in our great republic. 

REVIEW QUESTIONS 

1. Define government. 

2. Name and define the kind of governments. 

3. As savages settled down, what became of the clans, the tribe? 

4. How many persons in your family? 

5. Is your family a little government? Why? 

6. If it is a government, who has charge of it? 

7. What do they do? In a government what do you call them? 


THE FAMILY 


8. State some of the rules which parents make. 

9. Why must they make these rules, enforce, interpret and apply them? 

10. Do parents do anything more for the family than govern it? If so, 
what? 

11. What should the children do for the parents? for themselves? for 
the family? 

12. Who are the officers in the home? wdio, the citizens? 

13. In the best family what do the parents do? What do the children do? 

14. Why is a good family so important in society? 

PRACTICAL POINTS 

1. How can your little home state be made better? 

2. What are you doing to hinder the making of your home the best pos¬ 
sible little state? 

3. What are you doing to make it a more ideal little state? 

4. What service can you render in the kitchen work; in the house work; 
in heating the home; in caring for the yard; in messenger work? 

5. What are you doing to save the income of your family; to increase the 
income? 

6. Are you doing anything to help feed the family; or clothe the family: 
or improve the home conditions? If so, what? 

REFERENCES 

1. Essentials in Civil Government—Forman, Lesson 3, pp. 19-23. 

2. The American Citizen—Dole, Chapter 1, pp. 3-8. 

3. The Community and the Citizen—Dunn, Chapter 5, 6, pp. 25. 

4. Training for Citizenship—Smith, Chapter 3, pp. 33-38. 


IV. THE SCHOOL AND ITS GOVERNMENT 


The Child and the School. The child during the first few 
years of his life is a citizen only of the little home state. 
But, as already stated, the parents must train him for a 
happy, useful life. So as soon as he becomes six or seven 
years of age they send him to school. He now becomes sub¬ 
ject to another authority. He is now a citizen of the little 
school state. The government is very much like that of the 
home except the teacher takes the place of the parents. 

The School Government. The purpose of the little school 
state should be remembered by every one. It is to secure 
the greatest possible good to all the pupils. Each child 
should be improved in every way,—physically, mentally and 
morally. To accomplish this end, the children must co¬ 
operate with the teacher to secure the best conditions pos¬ 
sible for good work. 

In the school room certain rules must be observed. 
Throughout the school year the pupils must be regular and 
punctual in attendance. This is necessary because if one 
misses his class work the time of the teacher, and often of 
the other members of the class, must be taken in order to 
help him make up the work he has missed. During school 
time the children must be quiet and orderly. If they are 
noisy, if they whisper, if they move about the room they dis¬ 
turb the other children and so prevent study. Each child 
should carefully prepare his lessons because a poorly pre¬ 
pared pupil takes up unnecessarily the valuable time of the 
teacher and of the other members of the class whenever he 
attempts to recite. Of course it is not possible always to pre- 


26 


THE SCHOOL 


27 


pare a lesson perfectly but each pupil should endeavor to do 
his best. This will make the recitation much more interesting 
and enable the teacher to present to the class a much larger 
amount of valuable information. A program of recitation 
and study should be carefully followed, because this will en¬ 
able each pupil to employ his time to the best advantage and 
so attain the greatest possible progress in school. 

On the school grounds, during intermission, the children 
must obey other rules. Here the child has greater freedom 
and so must take special care to respect the rights of others. 
The larger pupils must not abuse the little ones but rather 
should help them to have a good time. There must be no 
quarreling, but every one should cooperate kindly in the 
playing of games. A game cannot be played without rules 
nor can it be played to the enjoyment of all unless each one 
obeys the rules. If one is honest and fair in the playing of 
games, he is likely to be honest and fair in business in after 
life. 

Not only must the pupils respect each others rights in the 
school room and upon the school grounds, but the little 
school state has apparatus, school furniture, a school build¬ 
ing and school grounds which must be cared for. The 
children must not scratch, nor mar, nor destroy any of the 
property. Then, too, the property should be improved and 
beautified as much as possible. The school room should be 
kept neat and clean with fine pictures on the wall; the 
ground should be kept free from rubbish and flowers and 
trees planted and protected. The school should be made 
attractive in every possible way. So, to have the best work 
in school, the most fun on the playground, and to keep the 
school property in the best possible condition, rules, or laws, 
must be made, enforced and justly interpreted and applied. 
This makes necessary a little school government. 

In the little school state, the teacher is the officer and the 


28 


INTRODUCTION 


pupils are citizens. In the ideal school there must be co¬ 
operation,—all must work together to secure the best condi¬ 
tions for learning. If they are good citizens, the children 
will not only obey the rules but will assist others to obey 
them; they will not only avoid injuring the property, but will 
improve and beautify it. They will want to see the school¬ 
room tastefully decorated and the school grounds made 
more attractive. They will assist the teacher in securing 
ideal conditions during school hours and during intermis¬ 
sion. He who does the most to improve school conditions is 
the best citizen of the little school state. In what ways can 
your school be improved during school time; during inter¬ 
mission? How can your schoolroom, school building, and 
school grounds be improved and beautified? 

The school prepares the child for citizenship in several 
ways. First, its organization and management teaches him 
to cooperate with others besides the members of his own 
family. He learns to be considerate of the rights of others. 
He must be regular, punctual, orderly, quiet and industrious 
for the sake of others. On the playground he must stand for 
fairplay and the square deal. The children are taught re¬ 
spect for true worth which is one of the cardinal principles 
of democracy. The children of the poor and the ignorant 
are given equal opportunity with those of the rich and the 
learned. He who possesses superior intellectual qualities is 
accorded credit in the schoolroom, and he who possesses 
powers of leadership is respected on the playground. Wealth 
and position receive little regard among pupils but personal 
worth is honored. This is as it should be. The school af¬ 
fords opportunity for training in honesty. In the prepara¬ 
tion of lessons, the writing of notebooks, of essays and of 
examinations every pupil is given occasion to be honest with 
himself, with the teacher and with his classmates. It is a 


THE SCHOOL 


29 


most important lesson, one that every child should learn 
since successful business depends so much upon the quality. 
It is, also, the corner stone of character. The school that 
builds up a public opinion which causes each pupil to de¬ 
sire to do right and play fair is more truly a democracy 
than one which has the form of self government without the 
spirit. 

The second way in which the school prepares the child for 
citizenship is through the subjects taught. During the early 
years of the Christian Church, schools were established to 
prepare young men for the priesthood. The books treated 
of religious subjects and were in Latin. After several cen¬ 
turies, Latin works which treated of other than religious 
subjects began to be studied and also Greek books from 
which the students learned about natural science, mathe¬ 
matics, medicine, history and philosophy. So, during the 
Middle Ages, not only did those attend the advanced schools, 
or universities, who intended to be clergymen but also those 
who intended to be teachers, doctors and lawyers. 

The sons of farmers, of laborers and shopkeepers did not 
go to school. The same was true of the girls. The father 
and mother prepared both for their work. If the son de¬ 
sired to learn a trade he was sent to live with a skilled work¬ 
man for a number of years as an apprentice. When the in¬ 
troduction of printing made books more common the desire 
for education became more general. Schools were still pri¬ 
vate and only the rich could afford to attend. In so far as the 
schools gave one a training for life it prepared the young 
men for intellectual work and not for manual labor. 

Our own country was the first to establish free public 
schools, open to all, and supported by taxation. For the first 
time equal educational opportunities were provided for the 
children of the poor, as well as the rich, for girls as well as 


30 


INTRODUCTION 


boys. This important step was taken because it was be¬ 
lieved that education would make the children more useful, 
patriotic citizens. When the state taxes the people to pro¬ 
vide an education for every child, it places upon each one re¬ 
ceiving the training a serious responsibility. 

At first only the simplest subjects were taught in the 
schools—reading* writing and arithmetic—but in time new 
subjects were added. The length of the school year was 
also increased and compulsory attendance required. But 
for a long time these free schools favored those who were to 
enter the professions or engage in some other line of intel¬ 
lectual pursuit. However, the recent increased demand for 
scientific farmers, for skilled workmen and for trained busi¬ 
ness men has become so urgent that our free public schools 
are now offering most helpful courses for those who wish to 
enter these and similar fields. It is now most profitable for 
children to remain in school si^ce by doing so they are pre¬ 
pared to earn an honest living whether they wish to pursue 
intellectual or manual labor, and they are taught to enjoy 
good books, music and pictures as well as receive a thorough 
training in those subjects which is essential for good citizen¬ 
ship. To be grateful and to make the most of the educa¬ 
tional opportunities provided is the duty of every child. 

REVIEW QUESTIONS 

1. How old were you when you began to attend school? 

2. Did you then become subject to another little government? 

3. If so, what government? 

4. What is the purpose of this school government? 

5. What conditions are necessary in order that all may do the best work 
while in school? 

6. What conditions are necessary in order to have the most fun on the 
playground? 

7. What must the children not do with school property? 


THE SCHOOL 


31 


8. What is the best means to be used in order to have the best work in 
school, the most fun on the playground, and to take the best care of the 
school property? 

9. Who must make these rules, enforce them and interpret and apply 

them? 

10. State some of the rules for the schoolroom; for the school grounds. 

11. Who is the officer of this school state? 

12. Who are the citizens? 

13. In what way does the school prepare the child for citizenship? 

14. What should we do in return for what the state has done for us? 

PRACTICAL POINTS 

1. What may we do to make our school a better little state? 

2. What can each one of us do in order to become better citizens in our 

school state? 

3. In what way, do you think the schoolroom and school grounds can be 
made more attractive? 

4. What are you doing to lessen their attractiveness? 

5. What can you do to make them more attractive? 

6. Should you keep your desks clean and orderly; pick up waste paper in 
school room and school yard; refrain from marring or defacing the furniture 
or the building? 

7. Should you respect the rights of the smaller children; refrain from 
swearing; and practice kindness to others, and to animals? 

8. Organize a School Society. Write the Superintendent of Public Instruc¬ 
tion, at Madison, for the excellent pamphlet “Suggestions on Organization 
of School Societies. ” It is free. 

_ 

1. The American Citizen—Dole, Chap. 2, 3, pp. 9-15. 

2. Essentials in Civil Government—Forman, Lessons 4, 5, pp. 24-32. 

3. City, State and Nation—Nida, Chap. XVII, pp. 146-56. 

4. Elementary Social Science—Leavitt and Brown, Chap. VIII, pp. 81-95. 

5. Elementary Civics—McCarthy, Swan and McMullin, Chap. XIII, 
pp. 132-142. 

6. The New Civics—Ashley, Chap. II, pp. 21-33. 


THE LOCAL GOVERNMENTS OF WISCONSIN 


V. THE SCHOOL DISTRICT AND ITS GOVERNMENT 

Why We Need School Districts. Parents are very busy pro¬ 
viding food, clothing, home, health and happiness for the 
children. They wish them also to receive an education. 
Have you ever thought how much additional work and ex¬ 
pense it would be for them to educate you at home? If they 
themselves did not possess both the necessary education and 
time they would be obliged to hire some one to give the in¬ 
struction. It would be necessary also to set apart a room 
and fit it up for school work. This plan would be very ex¬ 
pensive and in many homes it would be impossible. Too 
many children would be obliged to go without an education. 
So, as we have already observed, in order to furnish the 
means of education-to all as cheaply as possible towns are 
divided into school districts each including a convenient 
number of families. 2 The district is organized by the town 
board of supervisors, and is made of such size and the school 


‘The government here described is that of the school district as found in 
towns and villages. 

Constitution of Wisconsin, Article X, Section 3, provides that, “The 
legislature shall provide by law for the establishment of district schools, 
which shall be as nearly uniform as practicable; and such schools shall be 
free and without charge for tuition to all children between the ages of four 
and twenty years, and no sectarian instruction shall be allowed.” 


32 




THE SCHOOL DISTRICT 


33 



A District Schoolhouse in Outagamie County 


house is so located as to make it as convenient as possible 
for the children to attend school. 

The Government of a School District. As has been said the 
school district is organized for the purpose of educating the 
children living within the district. The government of the 
school district is very democratic. All citizens of the United 
States, both men and women, twenty-one years of age who 
have resided in the state one year, and in the school district 
at least thirty days just before the annual school meeting 
may take part in the discussions and vote at the school meet¬ 
ings. 

The annual school meeting is held the first Monday in 
July, unless this be a legal holiday when it is held on the fol¬ 
lowing day. The meeting is at the school house, at eight 
o’clock in the evening. At this time the men and women of 
the school district qualified to take part in its government 
assemble at the school house and attend to the general busi- 




84 


THE LOCAL GOVERNMENTS OF WISCONSIN 


ness of the school district. They perform two kinds of du¬ 
ties —legislative and elective. 

The Legislative Powers. The persons qualified to vote at the 
school meeting first elect one of their number chairman, who 
presides at the meeting. The clerk of the district acts as 
secretary. The meeting is now ready to do business. Of 
the score or more legislative powers which may be exercised 
by the annual school meeting the principal ones are: 

(1.) Levy taxes: (a) to purchase a site for a school house 
or teacherage; (b) to meet the expenses of erecting a new 
school building or teacherage; (c) to repair the school house 
or teacherage; (d) to provide maps, charts and other appa¬ 
ratus for use in the school; (e) to purchase textbooks for the 
school; (f) to purchase a school library; to pay the teacher’s 
salary; (li) and meet the necessary expenses for running the 
school. A limit is commonly fixed, by law, to the amount 
which may be spent for each of the above named purposes. 
This is done in order to prevent extravagant expenditures. 

(2.) Designate a site for a new schoolhouse or teacherage 
and provide for the sale of any site, schoolhouse or other 
property belonging to the district and not needed for school 
purposes. 

(3.) Determine the length of the ensuing school year, 
provided it shall not be less than eight months if state aid is 
to be received. 

(4.) Determine the action of the school district in case 
it is likely to be a party to a lawsuit. 

(5.) The annual school meeting may also authorize the 
school board: (a) to borrow money; (b) purchase text¬ 
books to be used in the school; (c) to suspend the district 
school and arrange with another district for the education 
of the children of the district, and (d) provide for the trans¬ 
portation of these children. 1 


THE SCHOOL DISTRICT 


35 


The Elective Powers. Those who possess the power to vote 
at the annual school meeting elect the otlicers of the district. 
The election must be by ballot and a majority of all the 
votes cast is necessary to a choice. The officers elected are a 
director, treasurer and clerk; together they constitute the 
district board. Only one officer is regularly elected each 
year and the term of office is three years. 

A vacancy may occur in any of the offices by the death, 
resignation or the removal of the officer from the district for 
a period of more than sixty days. The vacancy may be filled 
by the two remaining members of the district board, pro¬ 
vided they make the appointment within ten days after the 
vacancy occurs; if not, then the appointment is made by the 
town or village clerk. The person appointed serves until 
the next annual meeting when some person is elected to fill 
the vacancy for the unexpired term. 

The Powers of the District Board. The district board, or the 
school board as it is often called, performs the duties as¬ 
signed it by the annual school meeting and certain other du¬ 
ties required by law. It has the care and keeping of the 
schoolhouse, apparatus, books and other property of the 
district which is not placed by law under the special care of 
the clerk. It must keep the schoolhouse in good repair and 
provide the necessaries for keeping school, including dic¬ 
tionaries, maps, charts, globes, supplementary readers and 
the like. The board engages the teacher and fixes the sal¬ 
ary to be paid. It may make rules and regulations for the 
government of the school and may suspend or expel a pupil 
who refuses to comply with these rules or with rules made 
by the teacher. The board is required to visit the school, 
examine into its condition and assist the teacher in the im- 


‘For further legislative powers see Revised Statutes of Wisconsin. 




3t> THE LOCAL GOVERNMENTS OF WISCONSIN 

provement of the school. Other duties of more or less im¬ 
portance are also required of the school board, but it is clear 
from those stated above that the board has charge of the 
school property and general supervision of the school. 

Special Duties of the School Officers. Besides acting as a 
member of the district board, each officer has duties which 
he individually must perform. 

The Director (1) must countersign all orders requir¬ 
ing the payment of money legally drawn by the clerk upon 
the treasurer of the district. (2) He must represent the dis¬ 
trict in all lawsuits brought by the district against any per¬ 
son or brought by a person against the district, unless some 
one else is designated at the school meeting. 

The Treasurer (1) receives all money paid to the school 
district by the town or village treasurer or by any other per¬ 
son; he keeps this money; and pays it out only on the order 
of the clerk countersigned by the director. (2) He must 
keep a record of all the money received and paid out and 
(3) report the same in writing to the annual school meeting. 

The Clerk (1) must act as secretary at the school meet¬ 
ings; (2) keep a complete and accurate record of the pro¬ 
ceedings; (3) notify any person of his election or appoint¬ 
ment to a district office; (4) and send to the town clerk and 
the town treasurer the name and address of each school 
officer. (5) He must make, when required, reports to the 
town clerk and to the county superintendent. (6) He must 
draw the orders for all money to be paid by the treasurer 
of the school district. (7) He is also librarian of the school 
district unless some one else is elected at the school meet¬ 
ing. (8) He is required to take the school census. 

Since the parents and friends take so much pains and 
go to so much expense to furnish the children of the school 
district with an opportunity to secure an education surely 


THE SCHOOL DISTRICT 


37 


children should do all they can to acquire the education thus 
offered. 

City Schools. Most cities have school districts the size of 
the wards and the school is known as a ward school. Here 
the children are taught during the first eight grades. Then 
they enter the high school which is usually centrally located. 
The high school course is four years. 

A few cities have the same system of school government 
as is found in towns and villages, but most of them make the 
schools a part of the city government, under a general board 
of education. The members of the board are in some cities 
elected by the voters and in others appointed by the mayor. 
The board selects the superintendent of schools who has 
charge of the system. 


REVIEW QUESTIONS 

1. Why do we need school districts? 

2. When is the annual school meeting? 

3. Who may vote at the school meeting? 

4. What is done at the annual school meeting? 

5. Name the officers of the school district. 

6. For what length of time does each serve? 

7. Who comprise the district board? 

8. What are the duties of the district board? 

9. What are the duties of the director? Of the treasurer? Of the clerk? 

PRACTICAL POINTS 

1. Draw a map of your school district, putting in the roads, and if pos¬ 
sible the homes and farms. 

2. How long is your district? How wide is it? What is its area? 

3. What is its assessed value? How much was voted at the last annual 
school meeting for the support of the school? What is the tax rate for the 
school during the present year? 


38 


THE LOCAL GOVERNMENTS OF WISCONSIN 


4. Who are the officers of your school district? Why do we call them 
‘ ‘ public servants ’ ’ ? 

5. What were some of the most important things done at the last annual 
school meeting? 

6. Can your school be made better? If so, in what ways? Who has the 
power to make the changes? 

7. What can you do to make it better at the present time? When you 
become a voter? 

8. Attend a school meeting. 

9. Hold a mock school meeting. 

REFERENCES 

1. The Community and the Citi£®n—Dunn, Chap. XV, pp. 118-131. 

2. The Government—Clark, Chap IX, pp. 48-52. 

3. The Young Citizen’s Reader—/*3insch, Chap. VIII, pp. 55-64. 

4. The American Citizen—Dole, Cnap. XVII, pp. 103-107. 

5. Training for Citizenship—Smith, Chap. IV, pp. 39-46. 

6. The Government of Wisconsin—James and Sanford; Chap. XVII, pp. 
118-120. 

7. The Statutes of Wisconsin, Chap. XXVII, Relative to Common Schools. 


VI. THE TOWN AND ITS GOVERNMENT 


The Need for Government. The family, the school and the 
school district are engaged primarily in the rearing and edu¬ 
cation of children. But children are only one class in so¬ 
ciety. All the citizens have rights and in order that each one 
may live the best possible life, these rights must be care¬ 
fully guarded. Each law-abiding citizen must be protected 
against those who would take his life or injure his person. 
He must be allowed to think, speak and write freely on all 
questions including religion; to go or to stay where lie likes, 
and to keep and use his property as he thinks best. In or¬ 
der to protect each citizen’s life, person, freedom of thought 
and expression, and property, governments have been es¬ 
tablished. In order to provide the most perfect protection 
and to further the interests of all the citizens we have es¬ 
tablished a government for towns; another for villages; 
another for cities; another for counties; another for the 
state; and one for the nation. 

The Town Government. In rural communities town gov¬ 
ernments are organized for the purpose of supplying the 
common local needs. Life, health, crops and other prop¬ 
erty must be protected against local dangers. Highways 
must be opened and roads and bridges constructed to en¬ 
able people to pass conveniently from one place to another; 
the poor must be cared for and public improvements must 
be made. The size of the town varies; sometimes the terri¬ 
tory within its jurisdiction is less than a township, 1 some- 

‘A township is a tract of land sii miles square, as determined by tho 
United States survey. 


39 



40 


THE LOCAL GOVERNMENTS OF WISCONSIN 


times more than a township but more often it is just a town¬ 
ship. The government of the town is in charge of the vot¬ 
ers. 1 They assemble, in a town meeting, the first Tuesday 
in April, each year to do two things—make the laws for the 
town and elect the officers of the town. The town hall is 
usually open on election day from nine o’clock in the morn¬ 
ing until five in the afternoon, but by petition may be 
changed to six in the morning and eight in the evening. 
Each voter enters the voting place. After he has given his 
name, and the clerks of election have checked it on the list 
of those who have a right to vote at the election, he receives 
a ballot from the ballot clerks, proceeds to one of the 
booths where he marks it, indicating the person he wishes 
elected. Then he gives his ballot to the inspector who drops 
it into the ballot box and the voter passes out. 

The voters of each party hold a caucus about two weeks 
before election day and nominate, that is select, the persons 
whom they wish to fill the town offices. The names of these 
persons will appear on the election ballot, under the party 
heading. 

The Legislative Department. Some time during election day, 
usually in the afternoon, the chairman of the town calls the 
voters to order and they proceed to make any necessary 
laws. 2 The chairman acts as presiding officer and the town 
clerk acts as secretary and keeps the minutes of the mcet- 

’In Wisconsin a voter must be twenty-one years of age; a resident of the 
state at least one year; and a resident of the election district at least ten 
days. He must also be either a natural born or a naturalized citizen; or an 
Indian who has left his tribe and become a citizen, or a member of an Indian 
tribe which has been declared citizens by act of Congress. For a full dis¬ 
cussion of the suffrage see Chapter XIII on The Voters. 

2 The laws of the state made the town a “body corporate’’ and so, like 
a person, it may buy, own and sell property, sue a person or be sued 
by a person. The state laws also very carefully define the duties which must 
be performed by a town and the powers which may be exercised by the town. 



THE TOWN 


41 


ing. If anyone is disorderly during the meeting the chair¬ 
man may direct a constable to put him out or take him in 
custody. The business is conducted the same as that of a 
literary society. The secretary reads the minutes of the pre¬ 
vious meeting, town officers make their reports, and motions 
are made by any of the voters. Suppose a motion is made 
and seconded that $300 be raised for the purpose of build¬ 
ing an iron bridge over Sugar Creek, where the main road 
crosses the same. Then different voters will speak for and 
against the motion. Finally the chairman puts the question 
to a vote by saying, “All in favor of the motion say, aye;” 
then, “Those opposed, nay.” If the majority are in favor 
of the motion it then becomes a town law or “by-law” as it 
is called. If the chairman is uncertain whether the major¬ 
ity are for or against the motion he may then ask all those 
who are in favor of the motion to stand and they are 
counted. Then he asks those who are opposed to stand and 
they are counted. In this way it is easily determined whether 
the majority are for or against the motion. 

The Legislative Powers of the Town Meeting. The voters 
assembled in the town meeting may (1) raise money for 
numerous purposes, such as the following: (a) To build or 
purchase a town hall; (b) to pay the salaries of the town 
oflicers, and other expenses necessary for the running of the 
town; (c) to build and repair roads and bridges; (d) to pur¬ 
chase a town library; (e) to support the poor; (f) to pro¬ 
vide for destitute soldiers and their families; 1 (g) and to 
purchase grounds for a town cemetery and to improve and 
beautify the same. 2 (2) They may pass such by-laws as are 


‘But the amount raised for this purpose must not exceed $150 for any 
person in any one year. 

*But not more than $500 can be spent for such improvements during any 

one year. 



42 


THE LOCAL GOVERNMENTS OF WISCONSIN 


necessary to preserve the peace and good order and pro¬ 
mote the welfare of the town. (3) They may direct the town 
board to begin, carry on or conclude any legal action to 
which the town is an interested party, and to employ an at¬ 
torney if necessary. (4) They may also direct the town 
board to buy certain property for town purposes; to sell 
property belonging to the town; or to borrow money to be 
used by the town. 

While the law limits the amount of taxes which may be 
levied and the amount of indebtedness which may be in¬ 
curred for town purposes, still the voters are given sufficient 
powers to enable them to supply very fully the needs of the 
town. 1 

The making of laws for the town is soon completed and 
the remainder of the day is devoted to the election of 
town officers. When the polls are closed in the late after¬ 
noon the votes are counted and the result is announced. The 
person having the highest number of votes for each office 
is declared elected. If two candidates for any office should 
have the same number of votes they draw lots to determine 
which shall hold the office. 

The town clerk keeps a full record of the number of votes 
cast and the result of the vote and must notify the success¬ 
ful candidates of their election within five days, unless they 
voted during the day when the public announcement of the 
result of the vote is considered sufficient notice of their elec¬ 
tion. 


'Special town meeetings may be called when a petition signed by twelve 
voters, stating the purpose of the meeting, is filed with the town clerk. He 
must then post notices of the meeting so as to notify all the voters regard¬ 
ing its time and purpose. This meeting may be called to consider any busi¬ 
ness which may be considered at the annual meeting. 



THE TOWN 


43 


Excepting the justices of the peace, every town officer 
must take the oath of office prescribed by law 1 within ten 
days after notification or he is considered as having refused 
to serve in such office. This oath is taken usually before the 
town clerk, but may be taken before any other authorized 
officer, and must be filed with the town clerk. The clerk 
files his oath with the treasurer. 

A vacancy may occur in a town office by the person fail¬ 
ing to take the oath of office, to give bonds when required, 
by removal from the town, conviction of a crime, insanity, 
resignation or death. A vacancy may be filled by special 
election, or by the town board appointing some person to 
the office for the unexpired term. A vacancy on the town 
board is filled by appointment made by the two remaining 
members and the town clerk. 

The Executive Department. The town meeting needs some 
one to carry out the “by-laws” passed by it. For illustra¬ 
tion, some one must hire masons and other workmen, buy 
materials and superintend the construction of that bridge 
which the town meeting has voted to build over Sugar 
Creek. The regular business of the town must also be car¬ 
ried on, laws must be enforced and rights of the citizens 
protected. The officers of the town are elected to perform 
these duties. 

Their term of office is one year except the justices of the 
peace which is two years. By special vote of the town board 


‘Every officer in Wisconsin, whether local or State, when taking office, is re¬ 
quired to swear or affirm that he will support the Constitution of the United 
States and the Constitution of the state of Wisconsin and faithfully to dis¬ 
charge the duties of his office to the best of his ability. 



44 


THE LOCAL GOVERNMENTS OF WISCONSIN 


of supervisors the terms of its members may be changed to 
three years, one elected each year. 

The officers of the town are of two kinds—elective and 
appointive. The elective officers are a town board of three 
supervisors; constables, not to exceed three in number; a 
town clerk; an assessor; a treasurer; and two justices of the 
peace. If the town has a library, a librarian is also elected. 
The appointed officers are a board of health; superintend¬ 
ents of highways; and commissioners of noxious weeds. 

The Town Board. The town board consists of the chair¬ 
man and two supervisors. Two members constitute a quor¬ 
um to do business. They are responsible for the mainten¬ 
ance of good order in the town, appointing policemen if 
necessary. They have charge of the poor. They carry out 
the wishes of the voters as expressed at the annual town 
meeting. If, for example, improvements are to be made, 
bridges to be built, or licenses to be issued, the town 
board will attend to these duties. If required by the town 
meeting, they license peddlers, but the amount of such li¬ 
cense fee cannot exceed $25 a day. They audit all accounts 
against the town and order the payment of bills. They settle 
disputes arising over fences. They represent the town in all 
lawsuits in which the town is a party. They divide the town 
into road districts and levy the highway taxes. They ap¬ 
point the superintendant of highways. With the clerk they 
act as a board of equalization. The board meets at least 
twice a year, once the first Tuesday in December, and again 
the Tuesday before the annual town meeting. At the latter 
meeting they examine the accounts of the town officers. A 
report stating in detail the items audited by the board dur¬ 
ing the year and those allowed and also those disallowed is 
published and read at the annual town meeting. The board 
also makes an estimate of the regular expenses of the town 


THE TOWN 


45 


for the ensuing year and submits it together with such rec¬ 
ommendations as they may think fit to the annual town 
meeting. 

The town board, besides appointing the regular ap¬ 
pointed officers of the town, also fill all vacancies occurring 
in town offices; except when such vacancy occurs in the 
board itself ydien it is filled by the two remaining members 
and the town clerk. 

The Town Chairman, besides being a member of the town 
board, is the chief executive of the town. If any “by-law” 
is being violated he is the one to whom complaint should 
be made. 

He represents the town on the county board. If he is un¬ 
able to attend, one of the other supervisors may attend in 
his place. 

He issues orders on the town treasurer, which when coun¬ 
tersigned by the town clerk, are presented to the treasurer 
who is then obliged to cash them. 

As already stated, the chairman also presides at the an¬ 
nual town meeting. 

The Constables. The constables are executive officers. 
The voters decide at the annual meeting the number to be 
elected, not to exceed three. The constables are required to 
stop all violation of the law; impound stock running at large 
contrary to law; be at the service of the justices of the 
peace and serve, within the county, such warrants, sum¬ 
monses, subpoenas 1 or other legal papers as are issued 
by such justices. A constable has charge of any person re¬ 
quired to appear before a justice of the peace for trial and 
he conveys prisoners to the county jail. The sheriff may re- 

*A warrant of arrest is a writ which commands a person to appear for 
trial in a criminal case. A summons commands a person to appear for trial 
in a civil case. A subpoena commands a person to appear at a trial as a 
witness. 



46 


THE LOCAL GOVERNMENTS OF WISCONSIN 


quire constables to attend sessions of the circuit court when 
held in the county. Constables receive fees for their ser¬ 
vices. The amount paid for each kind of service rendered 
is fixed by law. 

The Town Clerk. The clerk has many duties to perform. 
He posts the notices of the town meetings, and acts as secre¬ 
tary of all such meetings. The by-laws passed at the meet¬ 
ings he must post in at least three public places in the town 
so that citizens may know what they are. Promptly after 
each annual meeting the clerk must send to the county clerk 
the name of each town officer, and to the clerk of the circuit 
court the names of the justices of the peace and of the con¬ 
stables. 

The town clerk must also attend the meetings of the board 
of supervisors and keep the minutes. When the supervisors 
act as a board of audit he must furnish them with such in¬ 
formation regarding the financial affairs of the town as he 
possesses; and when the board “allows” bills against the 
town the clerk must countersign the order drawn by the 
chairman upon the treasurer. 

The clerk is required to keep safely all records, books and 
documents belonging to the town, and to file chattel mort¬ 
gages. 

He must furnish the county superintendent, promptly 
after their election, the name and address of each school 
clerk in his town. He must record the description of school 
districts in the town, and make and keep in his office a map 
of the town, showing the exact boundaries of all the 
school districts. He must apportion the‘school money re¬ 
ceived by the town treasurer among the several districts 
within the town. He makes out the tax roll; and acts as a 
member of the board of equalization. 

Besides carrying on the correspondence for the town with 


THE TOWN 


47 


county and state officers he performs many other less im¬ 
portant duties. 

1 he Assessor. Taxes are levied for the purpose of paying 
the expenses of government. The taxes are apportioned 
among the people on the basis of the value of the property 
owned. It is the duty of the assessor to determine the value 
of the taxable property, real and personal, within the town. 
He begins his work about the first of May and is expected to 
complete it before the last Monday in June when the Board 
of Equalization meets. 

With a blank containing a list of taxable objects, the as¬ 
sessor goes from house to house and requires each taxpayer 
to tell him the number and value of his hogs, sheep, cows, 
horses and other taxable possessions. The real estate is as¬ 
sessed at the same time. The salary of the assessor is fixed 
by the town board. 1 

On the last Monday in June, the assessment roll is submit¬ 
ted to the town board of review, consisting of the three su¬ 
pervisors and the clerk, who meet at the town hall and make 
such changes in the assessments as they think just. If the 
board raises the assessed value of any property the owner 
must be notified and be given an opportunity to be heard, 
and any person who thinks his property assessed too high 
may make complaint before the board. The assessor is al¬ 
ways present at the meetings of the board to furnish infor¬ 
mation. Later the town clerk is told the amount of school, 
town, county and state taxes to be raised and he takes this 
corrected assessment roll and determines the amount of 
taxes each person must pay. 

The Treasurer. The treasurer receives, keeps and pays 
out the money of the town. He receives the tax roll from the 

According to the Laws of 1919 (Chapter 60), the Assessor's salary must 
not be less than three nor more than five dollars per day. 




48 


THE LOCAL GOVERNMENTS OF WISCONSIN 


clerk and during the months of December and January col¬ 
lects the taxes. The treasurer is obliged to safely keep the 
money of the town. To ensure this when he takes his office 
he is obliged to give a bond equal to twice the amount of 
taxes to be collected. Money can be paid out by the treas¬ 
urer only upon order, countersigned by the town clerk and 
by the chairman. The treasurer must keep a careful record 
of all moneys received and paid out. 

The Judicial Department. There are two justices of the peace 
elected in each town, one each year. The term of each jus¬ 
tice begins the first Monday in May following his election 
and is for two years. If a vacancy occurs it is filled by an ap¬ 
pointment by the town board, until the voters meet in spe¬ 
cial or annual meeting and elect some one for the unexpired 
term. 

The justices of the peace have jurisdiction over all cases 
arising under the by-laws of the town and over all criminal 
cases 1 in which the penalty does not exceed a fine of $100 or 
six months imprisonment in the county jail or both; and 
over all civil cases 2 in which the amount in controversy does 
not exceed $200. They may also hold preliminary hear¬ 
ings 3 in criminal cases when the penalty exceeds $100 or six 
months in the county jail or both; and in civil cases when the 
amount in controversy exceeds $200. The justices may sol¬ 
emnize marriages, issue warrants, subpoena witnesses, ad¬ 
minister oaths, take depositions, acknowledgment of deeds 
and perform many other like duties. 


J A criminal case involves a wrong actually committed directly against 
an individual, but indirectly against public peace, dignity or security. There¬ 
fore in a criminal case the state is always plaintiff. 

2 A civil case is one which involves the enforcement or protection of pri¬ 
vate rights. The plaintiff is therefore a person. 

*A preliminary hearing is for the purpose of determining whether an 
accused person should be held for trial in a higher court. 



THE TOWN 


49 


The Appointive Officers. The Board of Health. The board 
of health, consisting of three members, is appointed by the 
town board, within thirty days after election. One member, 
the health officer, is usually a physician. 

The duty of the board of health is to protect the health of 
the people of the town. All cases of contagious diseases 
should be reported to the health officer of the town. He is 
required to carefully investigate them, quarantine homes 
where such diseases are found, post placards at the house, 
warning others of the presence of the disease, close schools, 
churches and other public places and use all other means 
possible to suppress the disease and to prevent its spread. 
The board of health may investigate all buildings, premises, 
or places where diseases are likely to originate and spread 
and order conditions to be improved. 

Should the board learn of any contagious disease among 
animals of the town it should report the fact to the state vet¬ 
erinarian and co-operate with him to suppress the disease. 

Superintendent of Highways. For the purpose of keeping 
the roads in repair the town is divided into one or more road 
districts. A superintendent is appointed by the town board 
for each district. He also may be removed by the board. 
It is the duty of the superintendent to keep the roads 
of his district clear of all obstructions as rubbish, 
fallen trees, snow and the like. He is always to keep the 
roads of his district in good repair. It is not only desirable 
to have good roads for purposes of travel but the town is lia¬ 
ble for any injuries to persons, horses or vehicles, caused by 
poor roads or bridges. Property taxes and other taxes are 
levied for the purpose of keeping up the highways. 

Of recent years the counties and the State have taken an 
active part in highway improvements. The result is a very 
great improvement in the roads. 


50 


THE LOCAL GOVERNMENTS OF WISCONSIN 


The Commissioner of Noxious Weeds. At the annual town 
meeting the town chairman must permit the voters to decide 
whether the superintendents of highways shall be ex-officio 
commissioners of noxious weeds in their respective districts, 
or whether they prefer other persons appointed weed com¬ 
missioners. If the vote is in favor of appointing the superin¬ 
tendents of highways, they are then appointed by the chair¬ 
man; if the voters favor the appointment of other persons 
the chairman designates the town as one district or divides it 
up into districts and appoints a commissioner of noxious 
weeds for each district. The appointment is for one year. 
A heavy fine is the penalty for neglecting to appoint the com¬ 
missioners or for the commissioners to fail or refuse to per¬ 
form the duties of their office. 

The commissioners of noxious weeds are to see that all 
noxious weeds 1 within their respective districts are cut in 
time to prevent their going to seed. They are to visit the 
different parts of their district and should any noxious weeds 
be found going to seed they must notify the owner and if 
within six days the weeds are not destroyed the owner may 
be fined $5 for every day the weeds remain. The weeds are 
then cut by the commissioner or some one hired for the pur¬ 
pose and a proper charge made for the work. The amount 
is paid by the town treasurer but is collected from the prop¬ 
erty owner at the time he pays his taxes. 

Conclusion. Thus, the town government performs many 
important services. While the voters meet only once a year 
to make laws and elect officers who carry out the laws, still 
they should not forget that they themselves are responsible 


'The weeds defined as noxious by the law are the Canadian thistle, Russian 
thistle, sow thistle, burdock, cockle-bur, sour dock, yellow dock, snap dragon, 
white or ox-eye daisy, mustard, wild parsnip, wild barley, quack grass, morn¬ 
ing glory, and wild onion. 



THE TOWN 


51 


for the good government of the town. Each voter should not 
only obey the laws and assist others to obey the laws but he 
should be constantly thinking out ways and means by which 
his town can be improved. Will you not remember this fact 
when you become a voter? 

REVIEW QUESTIONS 

1. Why do we need a town government? 

2. How large are towns? 

3. Who are in charge of the town government? 

4. What are the qualifications of voters? 

5. When do voters meet to attend to the business of the town? 

6. What do voters do at the town meeting? 

7. Name some of the by-laws passed at the town meeting. 

8. How are these laws made? 

9. Name the elective officers of the town. 

10. What are their qualifications? 

11. What is their length of term? 

12. How are vacancies in town offices filled? 

13. What functions of government are exercised by these officers? 

14. Name the officers exercising each function. What name is applied to 
each group? 

15. Name the powers and duties of each officer. 

16. Name the appointive officers of the town. 

17. What are the powers and duties of each? 

PRACTICAL POINTS 

(To be answered if your school is located in a town) 

1. Construct a map of your town by putting the school districts together. 
Put in the roads and bridges. 

2. How large is your town? What is its area? What is the population? 
What is the origin of its name? 

3. What does your town do for the schools in it? 

4. What does it do to protect the lives of the people; their freedom; their 
property? 

5. How does it take care of its poor? of its roads? of its bridges? 

6. When is the town meeting held? Where is it held? 

7. Give some of your most important town laws. Were there any impor¬ 
tant laws passed at the last annual meeting or was there any other important 
business done? If so, what? 


52 


THE LOCAL GOVERNMENTS OF WISCONSIN 


8. What is the assessed value of your town? How much money was voted 
at the meeting last spring for town purposes? What is the tax rate for your 
town? 

9. Who are the officers in your town and where do they live? Why should 
they do their duty? 

10. What can you do to be a better citizen in your town now? When you 
become a voter? 

11. Attend a town meeting. 

12. Hold a mock town meeting. 

REFERENCES 

1. Essentials in Civil Government—Forman, Lesson 17, 18, pp. 93-102. 

2. The Community and the Citizen—Dunn, Chap. 21, pp. 183-190. 

3. The Government of the United States—Moses, Chap. 12, pp. 308 313. 

4. Government Class Book—Young, Chap. 12, pp. 56-58. 

5. The Young Citizen’s Reader—Reinsch, Chap. 21, pp. 47-50. 

6. School Civics—Boynton, Chap. 19, pp. 288-89. 

7. The American Citizen—Dole, Chap. 10, pp. 5-53. 

8. How the People Rule—Hoxie, Chap. 5, pp. 42-54. 

9. The Government of Wisconsin—James and Sanford, Chap. II, pp. 6-9. 

10. Essentials of Civil Government—Gillan and Hewitt, pp. 77-78. 

11. Civil Goverment of Wisconsin—Wilgus, Chap. 4, Town Government. 

12. Revised Statutes of Wisconsin on Town Government. 


VII. THE VILLAGE AND ITS GOVERNMENT 


The Needs for a Village Government. At the country cross¬ 
roads a blacksmith shop, a store, a school house, a church 
may be built for the benefit of the people round about. Slow¬ 
ly houses arc built along the roads leading from the corner 
and soon the hamlet, as it is called, has new needs. Side¬ 
walks become necessary, streets being in constant use must 
be kept in better condition. They must also be lighted. 
Drains and sometimes sewers must be constructed. Since 
the buildings are erected near each other better fire protec¬ 
tion must be had. The people living close together realize 
there is greater danger from contagious diseases. New and 
more carefully drawn rules and ordinances must be enacted 
to guide the citizens in their relations one with another. All 
the time the inhabitants of the hamlet or unincorporated 
village, as it is often called, are living under the town gov¬ 
ernment and must ask the town meeting to supply these 
wants. Often the town government does not wish to go to 
this trouble and expense. 

That the people of the hamlet may supply their own needs 
they are allowed, by law, to incorporate as a village. If the 
hamlet is wholly in one county and has a population of at 
least 150 within an area of one-half square mile; or if it is 
partly in one county and partly in another and has a popula¬ 
tion of at least 400 within an area of one square mile, it may 



54 


THE LOCAL GOVERNMENTS OF WISCONSIN 


by taking certain steps required by law 1 incorporate as a 
village. 

The Annual Election. When once organized the government 
of the village is in the hands of the voters. Candidates for 
office are nominated by each party in a caucus held two or 
three weeks before election, or by petition. The voters meet 
annually on the first Tuesday in April to elect the village offi¬ 
cers. The polls are open from nine in the morning until five- 
thirty in the afternoon. But by petition the hours may ne 
changed to six in the morning and eight in the evening. The 
village trustees are the election inspectors and so have 
charge of the election. When the voters meet upon election 
day they perform but one duty, the election of officers. The 
officers elected are a village board of trustees, composed of 
six members, 1 a supervisor, a village president, a constable, 
clerk, treasurer, assessor, two justices of the peace and a po¬ 
lice justice, unless the office of police justice has been abol¬ 
ished. 

A person must be a resident elector in order to hold a vil¬ 
lage office. The term of office is one year except that of trus¬ 
tee, justice of the peace and police justice which is two years. 
One-half the trustees, or, if an odd number, as nearly one- 
half as possible are elected each year. 

‘The law requires that a survey be made of the hamlet and a census taken 
and left at some convenient place in the hamlet for examination for a period 
of five weeks. Then not less than five taxpayers of the territory must peti¬ 
tion the circuit judge for a public hearing. After hearing all arguments for 
and against the petition, if the judge is satisfied that the law has been com¬ 
plied with, he submits the question of incorporation to a vote of the people 
and if a majority are in favor of incorporation as expressed by ballot, the 
village is declared incorporated. Within forty days after the village is in¬ 
corporated, three election inspectors, appointed by the circuit judge, hold 
an election for the purpose of filling the village offices. 

‘Unless the charter provides for a different number, but no village can 
har# less than two trustees. Laws 1921, Chapter 159. 



THE VILLAGE 


55 


The officers, except justice of the peace and police justice 
take office within fifteen days after their election. The jus¬ 
tice of the peace and the police justice take office the first 
Monday in May. 

The Legislative Department. The legislative power of the vil¬ 
lage is vested in the village board of trustees. The hoard 
consists of the village president and the six trustees. Meet¬ 
ings are held regularly at such times as are fixed by the 
board and special meetings may be called upon written re¬ 
quest of two members of the board. Four members consti¬ 
tute a sufficient number to do business. The village presi¬ 
dent acts as chairman of the meetings, the village clerk acts 
as secretary and the constable may be called in, if necessary, 
to keep order. Any person m^y attend the meetings of the 
board. 

(1) The village board is expected to enact such ordinan¬ 
ces as it deems necessary to ensure peace and order in the 
village and may fix the penalty for the violation of any such 
ordinance provided the amount of such penalty does not ex¬ 
ceed $200. 

(2) Ordinances may be passed providing (a) for the 
opening or changing of streets; (b) for the improvement of 
streets, bridges and sidewalks; (c) and for keeping them 
clear of rubbish and snow. Provisions may also be made (d) 
for lighting the streets; and (e) for building drains and sew¬ 
ers. 

(3) The board may provide (a) for the planting of trees; 
(b) the opening of parks, the appointment of a park com¬ 
mission of not more than seven members; (4) erection of 
monuments, the building of an auditorium, opera house, a 
public amusement building or a library. (5) It may con¬ 
struct and maintain village waterworks. (6) It may license 
amusement places and shows and provides rules for regu- 


56 


THE LOCAL GOVERNMENTS OF WISCONSIN 


lating them. (7) Provisions must also be made for car¬ 
ing for the village poor. (8) The board determines the 
amount of taxes to be levied and make all appropriations, 
auditing also all accounts against the village. (9) It may de¬ 
termine the powers and duties of the village officials and fix 
their compensation. (10) It also fills vacancies. The board 
may exercise many other powers which further the peace 
and order and promote the general welfare of the village. 

The Supervisor represents the village on the county board 
and so takes part in the making of county laws. 

The Executive Department. The president is the chief ex¬ 
ecutive of the village. He enforces the ordinances of the 
village and maintains peace and order. He presides at the 
meetings of the village board and signs all ordinances, li¬ 
censes and commissions passed by it. He also signs all or¬ 
ders drawn on the village treasurer. 

The Constable performs the same duties in the village 
that the constables of the town perform in the town. 

The Clerk , like the town clerk, must post notices of all gen¬ 
eral and special elections, act as clerk at such meetings, no¬ 
tify persons chosen of their election and within ten days 
after the officers have qualified send to the county clerk the 
name and address of the president, clerk, treasurer, super¬ 
visor and assessor and to the clerk of the circuit court the 
name and address of the marshall, constable, justice of the 
peace and the police justice. This is done so that the county 
officers wishing to communicate with the village officers may 
have no trouble in doing so. 

The clerk must attend all meetings of the village board of 
trustees, keep a full record of all that is done, and post all 
ordinances passed by it, that the people may know what they 
are. He must draw and countersign all orders on the village 
treasurer as voted by the village board. He must make and 
deliver to the village treasurer a tax roll, giving the name. 


THE VILLAGE 


57 


the assessed value of the property owned, and the amount of 
taxes to be paid by each person in the village. 

He must keep the records of the village and the village 
seal. He must accept and file chattel mortgages, which are 
mortgages upon personal property. 

The Treasurer must give a bond that he will conduct hon¬ 
estly the business of his office. It is his duty to collect taxes 
and receive all other moneys due the village; to securely 
keep the same; and pay them out only on the written order 
of the president of the village, countersigned by the village 
clerk. 

The Assessor, like the assessor of the town, begins work 
about the first of May, assesses the taxable property of the 
village, both real and personal, and after the assessment roll 
has been corrected by the board of review he hands it to 
the village clerk. 

The Judicial Department. The justices of the peace perform 
the same duties in the village as the justices of the peace in 
the towns. When there is no police justice in the village the 
justices of the peace perform his duties. 

The Police Justice is an officer not found in towns. Besides 
exercising the same duties as a justice of the peace he has ex¬ 
clusive jurisdiction over all cases arising under the ordi¬ 
nances of the village. This office may be abolished by popu¬ 
lar vote. 

Appointive Village Officers. In addition to the elective offi¬ 
cers, the village board of trustees has the power to appoint 
a number of minor officers. It may appoint a village mar¬ 
shal and policeman to assist in keeping the peace and en¬ 
forcing the laws; a village attorney to give legal advice to the 
village officers and act as lawyer for the village in lawsuits; 
fire wardens and furnish them with apparatus to protect the 
village against destructive fires; hoard of health to guard the 


58 


THE LOCAL GOVERNMENTS OF WISCONSIN 


health of the village; a poundmaster to take care of animals 
running at large; a street commissioner to keep the streets 
in repair. Other officers may be appointed as the needs of 
the village demand. 

We see, therefore, that a village may well supply its spe¬ 
cial needs if the citizens will do their duty. A good citizen 
will not only obey the ordinances of the village and assist 
others to be law abiding but he will be thinking constantly 
of how he may be able to improve the conditions in his vil¬ 
lage. 

REVIEW QUESTIONS 

1. Why is a village government needed? 

2. Who is responsible for the government of a village? 

3. When do they meet to do business? 

4. What business do they do when they meet? 

5. Who comprise the legislative department of a village? What may be 
done by the legislative department? 

6. Who comprise the executive department of a village? What are the 
duties of each officer? 

7. Who comprise the judicial department? What duties does each per¬ 
form? 

8. What appointive officers are found in a village? What duties are per¬ 
formed by each? 

9. What are the qualities of a good citizen in the village? 

PRACTICAL POINTS 

If your school is located in a village answer the same “Practical Points” 
for your village as are required of those living in a city, simply substitute 
the word “village” for “city.” See the “Practical Points” at the close 
of the chapter on The City and Its Government. 

REFERENCES 

1. Essentials in Civil Government—Forman, Lesson 19, pp. 105-6. 

2. The Young Citizen’s Reader—Reinsch, Chap. 21, pp. 150-1. 

3. How the People Rule—Hoxie, Chap. 6, pp. 55-62. 

4. The Government of Wisconsin—James and Sanford, Chap. Ill, pp. 
11-13. 

5. Essentials in Civil Government—Gillan and Hewitt, pp. 80-gl 

6. Civil Government of Wisconsin—Wilgus, Chap. 4, Village Government. 

7. Wisconsin Statutes, latest edition, on Town Government 


VIII. THE CITY AND ITS GOVERNMENT 


The Need for a City Government. As a village increases in 
size and population the need for more and better sidewalks, 
streets, lights, and sewers becomes urgent. Better protection 
against fire must be had. The people must be more carefully 
guarded against contagious diseases and against evil persons 
who would do them harm. Increased population makes nec¬ 
essary more and better rules, or ordinances as they are 
called, to govern the citizens in their relations one with an¬ 
other. These additional needs make it necessary to grant 
the people more powers than are given a village. For this 
purpose the city charter is provided. 

Classes of Cities. Cities in Wisconsin are incorporated un¬ 
der a general law enacted by the legislature. 1 Whenever 
the population of a village reaches 1500 according to the 
census, the village may become a city. Upon petition signed 
by one hundred taxpayers the town board or the village 
trustees must submit the question of incorporation to a vote. 
If a majority approve, the village clerk then certifies the fact 
to the secretary of state. A charter is then issued by the 
governor and the necessary city officers are elected. For con¬ 
venience in legislation the cities in the state are divided into 
four classes; Cities having 150,000 population or over com¬ 
prise the first class; those containing less than 150,000 but 
more than 40,000, the second class; those containing less 


'Prior to 1871 cities were incorporated by special act of the legislature. 
But all special charters for cities, except Milwaukee, were repeated by the 
Legislature in 1921, and cities of the second, third and fourth classes are now 
governed under the general law. Statutes 1921, Chapter 242. 



r ~ 




Milwaukee City Hall 














THE CITY 


61 


than 40,000 but more than 10,000, the third class ; and those 
containing less than 10,000 but more than 1,500, the fourth 
class. If the population is sufficient a city may pass from a 
lower class to a higher when its city council vote to do so 
and make provision for the necessary changes in the govern¬ 
ment of the city. 

According to the United States Census of 1920, Milwau¬ 
kee is the only city of the first class; Racine and Kenosha are 
the ©nly cities of the second class; eighteen of the remaining 
are in the third class; and all the other cities of the state 
belong to the fourth class. 

The City Government. The different classes of cities have 
much the same form of government. Differences exist only 
in so far as increased size and population make necessary. 
Each city performs all the functions of government—legis¬ 
lative, executive and judicial. In order that the people may 
be justly represented in the making of laws and greater effi¬ 
ciency be attained in the enforcement of the laws each city 
is divided into wards. 

The Officers. Each city has two classes of officers— elective 
and appointive. Cities of the second, third and fourth 
classes have the same elective officers. In each ward there 
are elected one or two aldermen, and a supervisor. And in 
the city as a whole there is elected a mayor, a treasurer, a 
comptroller and three or more justices of the peace. 1 But a 
city council may, by a two-thirds vote, abolish the office of 
comptroller and require his duties to be performed by the 
other officers. This has been very generally done. The 
duties are commonly performed by the city clerk. 

Election Day. In all cities the first Tuesday in April* is 


‘In cities of the first class, see Statutes for elective ward and city officers. 
’The city council, by a three-fourths vote, may change the date to the 
first Tuesday in March. This is rarely done. 



THE LOCAL GOVERNMENTS OF WISCONSIN 


oz 


election day. The polls are open from six o’clock in the 
morning to five-thirty o’clock in the afternoon. During this 
time the voters elect the city officers. 

Qualifications. All city officials must be citizens of the 
United States and qualified electors of the city; or of the 
ward, in case of a ward office. 

The mayor and aldermen take their offices the third Tues¬ 
day in April and all other officials take theirs the first of 
May. 

The term of office is two years for all elective officers 
except supervisors who hold for one year. However, the 
common council has the power to change the term of any 
office should it see fit to do so. 

Removals. Any officer of the city may be removed by a 
two-thirds vote of the city council. But before the vote is 
taken the officer must be informed regarding the charges 
preferred against him and be given opportunity for a hear¬ 
ing in his own defense. 

Any officer may also be removed by a vote of the people. 
After any official has held office*for six months, a petition 
may be circulated demanding the election of a successor to 
the person sought to be removed. If properly signed by 
one-third of the voters of the city and filed with the city 
clerk, the council must call a special election. The name of 
the person sought to be removed is placed upon a ballot with 
that of one other person who is a candidate for the office. 
The person securing the highest number of votes is declared 
elected. If the person sought to be removed receives the 
highest number of votes he retains the office; if the rival 
candidate receives the highest number, the officer is re¬ 
moved and the successful opponent takes his place. This 
method of removing an officer is known as the recall. 

Vacancies may also occur because of death, resignation, 


THE CITY 


63 


removal from the city or ward, failure to “qualify” and 
enter upon the discharge of the duties of the office or re¬ 
moval from office. In every case except that of mayor and 
councilman the vacancy is tilled by appointment by the 
mayor and confirmation by the city council. If the vacancy 
occurs in the office of mayor or councilman it is filled by an 
election by the city council. The person selected to fill the 
vacancy holds office until a successor is elected and qualifies. 

The salaries of city officials are fixed by the common coun¬ 
cil, but in cities of the second, third and fourth classes no 
salaries can be paid the mayor or members of the council 
unless ordered by three-fourths of the members elected to 
the common council. 

The Legislative Department. The common council is the leg¬ 
islative body of the city and makes the ordinances of the 
city. It is composed of the mayor and two aldermen from 
each ward. 1 The first meeting each year is held the third 
Tuesday in April. Regular meetings are held the first Tues¬ 
day in each month. Special meetings may be called by the 
mayor. 

The mayor presides at the meetings of the common coun¬ 
cil; and the city clerk acts as secretary, keeping the minutes. 
At the first meeting each year the council chooses one of its 
members as president who acts as presiding officer when the 
mayor is not present. In cities of the first class the president 
always presides. 

Two-thirds of the members must be present in order to do 
business. The council may compel its members to attend 
the meetings, requiring the police to bring them if necessary. 


'But the city council by a two-thirds vote, approved by a majority of 
the voters at a general election, may provide for the election of one aider- 
man from each ward instead of two, or provide that the supervisor from 
each ward shall act as one of the two aldermen. 



64 


THE LOCAL GOVERNMENTS OF WISCONSIN 


It makes its own rules for doing business; punishes its mem¬ 
bers, or other persons attending the meeting, for disorderly 
behavior. For neglect of duty it may even fine or expel a 
member. 

That the public may know what the council is doing, it is 
required that business be conducted in open session; that the 
votes on financial measures be “viva voce” and recorded in 
the minutes; and that, on any measure, the “ayes” and 
“noes” must be recorded when any member demands it. 

The Duties and Powers of the Common Council. The com¬ 
mon council may enact such ordinances as are necessary for 
the government of the city. But these ordinances must con¬ 
form to the Constitution of the United States and of the State 
and also to the laws of both the United States and of the 
State. The laws of the State enumerate the specific subjects 
upon which the council may legislate. Some of the most im¬ 
portant duties and powers are: (1) to provide for opening 
streets, and for grading and improving them; (2) to con¬ 
struct and improve sidewalks; (3) build bridges; (4) con¬ 
struct sewers; (5) provide for lighting the streets; (6) as well 
as for cleaning the streets of snow and rubbish. 

The council also carefully (7) regulates the use of the 
streets. For illustration, ordinances are commonly enacted 
providing that no one shall block the streets, that merchants 
shall not place boxes or barrels on the sidewalk and ob¬ 
struct the way, that bicycles shall not be ridden upon the 
sidewalk, or that automobiles shall not exceed a certain 
speed limit while within the city limits. 

Besides the streets and sidewalks (8) the council has 
charge of the other public property owned by the city, such 
as the city hall and other public buildings, the parks, the 
public playgrounds, the markets, and the cemetery. If may 


THE CITY 


65 


provide for their care and make needful rules and regula¬ 
tions regarding their use. 

To protect the lives and provide for the happiness of citi¬ 
zens (9) rules and regulations are made providing for the 
peace and good order of the city. Crimes are defined and 
penalties and punishments are imposed upon such as com¬ 
mit them. (10) Provision may be made for the preservation 
and suppression of disturbances and riots; (11) and for the 
restraint and punishment of vagrants, beggars and the like. 
(12) Improper acts, improper language and unnecessary 
noises are commonly punishable. 

To protect the health of people the council may (13) ap¬ 
point food inspectors; (14) enact ordinances for the preven¬ 
tion and suppression of infectious and contagious diseases, 
(15) and establish a city hospital in which to care for the 
sick. 

Ordinances may also be enacti d providing (16) for the 
care of the poor and (17) for the safe keeping and the edu¬ 
cation of dependent children. 

To protect property against destructive fires the council 
may (18) control the construction of buildings, both public 
and private and (19) designate the building materials to be 
used. A (20) fire department may also be provided. 

For the purpose of benefitting and regulating trade many 
ordinances are passed. (21) Licenses are granted to ped¬ 
dlers, showmen and the like. (22) The size and weight of a 
loaf of bread may be fixed. (23) The weights and measures 
may be tested by a city sealer and punishment inflicted for 
the use of false weights or measures. 

Since the ordinances of the city must be carefully enforced 
in order to be effective the common council may (24) pro¬ 
vide for the appointment of policemen and watchmen and 
prescribe their duties. 


66 


THE LOCAL GOVEENMENTS OF WISCONSIN 


To carry on the business of the city much money must be 
raised and spent. The common council has charge of the 
finances of the city. It may (25) levy taxes, grant licenses, 
and borrow money by issuing bonds subject to the limita¬ 
tions made by the laws and the Constitution. 1 Then the coun¬ 
cil is (26) empowered to make such appropriations of money 
as is necessary to carry out the ordinances of the city. (27) 
It may rent or purchase and operate the electric light plant, 
water works or the street car line. (28) It may also erect 
an auditorium, opera house or public amusement or recrea¬ 
tion building. (29) It may establish municipal ice plants and 
fuel yards for the purpose of supplying ice and wood and 
coal. 

Many other legislative powers and duties are performed 
by the common council but these are sufficient to show the 
nature and scope of its work in protecting the life and prop¬ 
erty of the people and furthering the welfare of the city. 

An ordinance, before it becomes a law of the city, must be 
passed by a majority vote of the council and be published 
in the official paper or papers of the city. Then every one 
is expected to obey it. 

The Supervisor is also a legislative officer. As the two al¬ 
dermen are elected in each ward to represent it upon the 
common council so the supervisor is elected, one in each 
ward, to represent it upon the county board, which is the 
legislative body of the county. The work of the county board 
will be taken up in our study of the county government. 

The Executive Department. The mayor has different du¬ 
ties in the different classes of cities but his ordinary duties 
are the following: (1) He is the chief executive of the city 
and as such must enforce the ordinances of the city and the 


‘See Article XI, Section 3. 



THE CITY 


67 


laws of the State. That he may the better protect the people 
and their property, (2) he is the head of the police and of 
the fire departments. He must see (3) that the other officers 
of the city discharge their duties. 

He (4) presides at the meetings of the common council but 
can not vote except in case of a tie. He must give the coun¬ 
cil (5) information concerning the condition of the city and 
recommend such ordinances as he, from time to time, thinks 
necessary. He may veto any measure passed by the com¬ 
mon council. 1 He (7) signs ordinances, licenses, contracts, 
permits and claims allowed by the council. 

He may (8) appoint certain officers and boards but in most 
cases the appointments must be confirmed by the common 
council. 

The constables , one or more elected for the city as the 
common council may direct, assist in the enforcement of 
laws, by performing the same duties as constables in towns 
and villages. 

The assessor in the city, like the same officers in the towns 
and villages, passes from house to house and fixes a valua¬ 
tion upon the taxable property of the citizens. All real es¬ 
tate and personal property, except incomes, are assessed by 
him. The assessor begins work about the first of May and 
completes it before the last of June. After the assessment 
roll has been examined, and if necessary corrected by the 
board of review, composed of the mayor, clerk and one or 
more members of the common council, it is given to the city 
clerk. 


‘When he vetoes an ordinance he must present his objections to the cit, 
clerk within 5 days from the time the act is submitted to him. The objec¬ 
tions are to be presented to the council at its next meeting. By a three- 
fourth vote the ordinance may be passed over his veto. 





68 


THE LOCAL GOVERNMENTS OF WISCONSIN 


The treasurer collects the city, county and state taxes lev¬ 
ied by the city. He also receives all money paid the city. 
He takes care of the money and pays it out upon orders 
drawn by the city clerk. 

He must keep an itemized account of all money received 
and paid out by him, make a monthly report to the common 
council and file a detailed report at the close of each year 
with the city clerk. At any reasonable time any voter of the 
city may examine the treasurer’s books. 

The comptroller has general supervision of the finances 
of the city. He must approve all contracts made by the city 
and examine and adjust all claims against the city. He must 
file with the clerk a statement of all special taxes to be lev¬ 
ied and make a monthly report to the common council, giv¬ 
ing the amount of money on hand, the condition of unfin¬ 
ished contracts and the claims against the city. He must ex¬ 
amine the monthly statement of the treasurer and report as 
to its correctness. He makes an annual report, at the close 
of each year, of the expenditures of the city for the fiscal 
year together with an estimate of the probable receipts and 
expenditures for the ensuing year. He keeps a record of his 
official acts which the public may examine at any time. 

In many cities the common council has taken advantage 
of the power granted it and abolished the office of comp¬ 
troller requiring the other city officers to perform his duties. 

The Judicial Department. The justices of the peace , three 
or more for the city, as the common council may determine, 
have the same criminal and civil jurisdiction as those in 
towns and villages. 

A police justice, one in each city, is elected for a term of 
four years. He has exclusive jurisdiction over all cases in¬ 
volving the violations of the city ordinances. In cities of the 
second, third and fourth classes, he also has the civil and 


THE CITY 


69 


criminal jurisdiction of a justice of the peace within the city 
limits. 

In cities of the fourth class the council may abolish the 
oflice of police justice if it thinks best and require the jus¬ 
tices of the peace, or other municipal court, if one is located 
in the city, to perform its duties. This is frequently done. 

Municipal courts, may be established by the legislature 
in such cities or counties as it sees fit. In many cities the 
amount of judicial work is so great that the justice courts 
cannot take care of it, so municipal courts are established, 
each one by a separate act of the legislature. The judges are 
elected for a term of four years. The jurisdiction of the 
court is fixed by the act of the legislature 1 at the time it es¬ 
tablishes the court. Such courts, however, commonly have 
jurisdiction over cases arising under ordinances of the city, 
and certain other civil and criminal cases. 

This completes our study of the elective legislative, ex¬ 
ecutive and judicial officials of the city. Let us now con¬ 
sider some of the more important appointive city officers. 

The Appointive Officers. The following officers are com¬ 
monly appointed by the mayor, subject to confirmation by 
the common council, but they may be elected by the Com¬ 
mon council. The method is determined by ordinance. 

The Clerk is required to publish notice of all general and 
special city elections. He must attend the meetings of the 
city council and act as secretary, keeping the minutes of 
their proceedings and publish the same. He must carefully 
record all ordinances, licenses and bonds. He must draw 
and sign such orders on the treasurer as are voted by the 
city council. He keeps the city seal and all papers and rec¬ 
ords of the city. In cities of the second, third and fourth 


*See Constitution, Article 7, Section 2. 




70 


THE LOCAL GOVERNMENTS OF WISCONSIN 


classes he is ex officio secretary of the board of school com¬ 
missioners and the board of public works. He is required 
to perform such other duties as the council may require. At 
the close of each fiscal year he must make and have pub¬ 
lished an itemized statement of the receipts and expendi¬ 
tures of the city for the year. 

The City Attorney is the official lawyer of the city. He 
drafts the ordinances, contracts, bonds and other legal pa¬ 
pers for the city. He gives legal advice to the mayor, the 
council or the other officers of the city when called upon to 
do so. He acts as attorney for the city in all law suits to 
which the city is a party. 

The City Physician, or commissioner of public health, 
must be a regularly licensed physician. It is his business to 
protect the health of the people. He requires physicians of 
the city to report to him cases of contagious diseases, mak¬ 
ing such rules and regulations as are necessary to prevent 
the spread of such diseases. He may require the cleaning 
up of such refuse in yards, alleys and streets as is likely to 
cause disease. 

A Chief of Police and policemen are appointed in most 
cities to assist the mayor in enforcing the ordinances and 
laws. 

A Chief of Fire Department and firemen are commonly ap¬ 
pointed to protect property against fire. 

The Street Commissioner has charge of the construction, 
improvement and repair of the streets and sidewalks of the 
city. 

The City Engineer is sometimes appointed to take charge 
of the buildings and keeping up of streets, alleys, sewers, 
buildings, parks and the like. 

These are but a few of the appointive officers found in 


THE CITY 


71 


cities. The duties of the other officers are indicated by their 
names. 

Boards, composed of three or more members, are often 
appointed to perform certain duties which require much 
care and time. 

A Board of Public Works is sometimes appointed to take 
charge of the work commonly done by the street commis¬ 
sioner and the city engineer. When this is done the office 
of street commissioner is abolished and the city engineer is 
commonly made a member of the board. The board then 
takes charge of the construction and improvement of streets, 
sewers, alleys, parks and public buildings. 

A Board of Health composed of the city council, or indi¬ 
viduals appointed by it, assist the city physician in the pro¬ 
tection of the general health of the citizens. 

The Board of School Commissioners' has charge of the 
city schools. It fixes the limit of the school districts, builds 
schoolhouses, purchases apparatus, determines the course of 
study and the textbooks to be used. It engages the teachers 
and enacts rules and regulations for the government of the 
schools. With the consent of the common council , 2 it deter¬ 
mines the amount of money to be raised for school purposes. 

Other boards are frequently found in cities, their powers 


*By a properly signed petition the question of electing school commis¬ 
sions may be submitted to a popular vote. If a majority favor their elec¬ 
tion the members, seven in number, are henceforth to be elected instead of 
appointed. In cities of the fourth class one commissioner is appointed from 
each ward and three at large, or simply the three at large if the council so 
decides by a two-thirds vote. 

*The Legislative session of 1919 provided that in cities of the first, second 
and third classes the Board may raise such taxes for educational purposes, 
not in excess of four-tenths of a mill, without approval of the council. 





72 


THE LOCAL GOVERNMENTS OF WISCONSIN 


being indicated by their names. The kinds of boards vary 
with the nature of the duties to be performed. 

The common council is empowered, by the general law 
governing cities, to provide for the appointment of such of¬ 
ficers and boards as it deems necessary for the best govern¬ 
ment of the city. This power is frequently exercised and a 
more efficient city government is the consequence. 

A good city official is one who performs the duties of his 
office carefully and completely, leaving nothing undone that 
he should do. He also takes advantage of his position to 
improve the government of the city in every way possible. 

A good citizen is one who obeys the ordinances of the city 
and the laws of the State, and who assists other people to 
obey them. He tries to learn about the candidates for office 
and does what he can to secure the election of those persons 
who will make the best officials. He studies the government 
of the city and endeavors to find ways of improving it. He 
works constantly to have a clean, beautiful and moral city, 
one in which every citizen is encouraged to develop the best 
possible character. 

The Commission Form of Government. The government for 
cities in Wisconsin, described in this chapter, is quite like 
that for cities in other states of the union. A very large num¬ 
ber of elective and appointive officers exercise the greatest 
variety of legislative, executive and judicial powers. The 
term of office is at the same time short. Officers are often 
inclined to neglect their duty, to be extravagant and 
to be corrupt. The many officials make it difficult for 
the citizens to fix responsibility. This has resulted in 
much dissatisfaction with this common form of city govern¬ 
ment. Consequently the commission form of government has 
been adopted by many cities throughout the United States. 

The chief features of this form of government are: (1) The 


THE CITY 


73 


wards are abolished and the entire city is made a unit for 
governmental purposes; (2) the voters elect usually five, but 
in some states three officials; (3) these officials together con¬ 
stitute the city council and enact the ordnances of the city; 
(4) the city government is divided into as many departments 
as there are officials elected and one official is placed at the 
head of each of the departments; (5) and each official is held 
responsible for the success of his department. 

The departments into which the city government is divid¬ 
ed are such as the following: accounting and finance; streets 
and public improvements; parks and public property; pub¬ 
lic safety, including police and fire departments; and public 
affairs. That the people may continue to exercise full con¬ 
trol over their city government it is usually provided that 
the initiative, referendum and recall may be employed by 
them wherever they deem them necessary. The initiative 
is the power of the people, by direct, popular vote, ft) intro¬ 
duce desirable ordinances into the city council. The refer¬ 
endum is the power of the people, by direct popular vote, 
to veto or confirm recent ordinances of the city council. And 
the recall is the power of the people, by popular vote, to re¬ 
move any officer. 

Galveston, Texas, was the first city in the United States to 
employ the commission form of government. This was 
shortly after the hurricane and flood, in 1900, which de¬ 
stroyed so much of the city. The plan was so successful, 
that Houston and other Texas cities soon adopted it. Shortly 
this form of city government spread to other states and at 
the present time many cities throughout the United States 
are employing it. Des Moines, la; Tacoma, Washington; St. 
Joseph, Missouri; Memphis, Tennessee; Buffalo, New \ork 
and Boston, Massachusetts, are some of the most import¬ 
ant. 


74 


THE LOCAL GOVERNMENTS OF WISCONSIN 


In 1909, Wisconsin passed a law allowing all cities of the 
state, except those of the first class, to adopt the commission 
form of government. The adoption is made only when the 
majority of the voters so decide. Under the Wisconsin plan, 
a definite number of commissioners, usually three, are made 
responsible for the government of the city. All other city 
officers, except members of the board of education who con¬ 
tinue to be elected by the people, are appointed and removed 
by the commissioners. The mayor and the two councilmen, 
or the mayor and one councilman from each ward, comprise 
the city council. They meet regularly to enact ordinances. 
The mayor presides, and, being a member of the council, 
he has a vote but no veto power. The city government is 
divided into departments by the council and a commissioner 
placed at the head of each. He is made responsible for the 
success of his department. The citizens may employ the 
initiative, referendum or recall if they deem it advisable. 
After three years trial, if the citizens are dissatisfied with the 
commission form of government, they may by popular vote 
return to their former government. 

A number of the cities of the State have adopted this form 
of government. However, it has not proven entirely satis¬ 
factory and already several of the cities have abandoned it. 

The City-Manager Plan of Government. The commission 
form of government has proven defective at two points. It 
lacks concentration of administrative authority. A commis¬ 
sioner in charge of a certain department, well able to solve 
its problems, is prevented from doing so by the combined 
vote of the remaining comtnissioners. It is commonly nec¬ 
essary to place men in charge of the city departments who 
have no expert qualifications. In short, the commission 
form of government has done little more than induce citi- 


THE CITY 


75 


zens, once elected to office, to do the best they can, which 
often proves unsatisfactory. 

The city-manager plan was devised to remedy the defects 
of the commission form of government. The city of Dayton, 
Ohio, was the first to adopt the plan. Following the great 
flood of March, 1913, the citizens realized the need of a very 
efficient municipal government. The new charter went into 
effect on January 1, 1914. It provides for a city council or 
commission of five members which enacts the city ordi¬ 
nances, exercises general control over the city*finances and 
appoints and pays the city manager. 

The city manager advises the commission and recom¬ 
mends measures for enactment. He enforces all laws and 
ordinances; appoints and removes the heads of city depart¬ 
ments and all subordinate officials; and controls all the city 
departments. Thus he is made directly responsible for the 
successful administration of city affairs. 

The administrative work of the city is divided into de¬ 
partments much the same as under the commission form of 
government. Dayton has five departments—law, finance, 
public safety, public service and public welfare. It is pos¬ 
sible to vary the number or functions of the departments as 
the needs of a city may require. 

Dayton’s success caused the plan to be adopted by many 
other cities. The great majority have been small, although 
San Antonio, Texas with a population of over 100,000 and 
Springfield, Ohio and Wheeling, West Virginia each with a 
population of about 50,000 early adopted it. 

The city-manager plan applies, for the first time, the form 
of a business corporation to city government. The commis¬ 
sioners correspond to the board of directors and the city 
manager to the business manager. The plan has proven 




76 


THE LOCAL GOVERNMENTS OF WISCONSIN 


very successful. It has secured trained, experienced and 
efficient city officials, and greatly improved the financial 
methods, thus gaining the support of taxpayers. 

In 1919, Wisconsin enacted a law permitting cities of the 
second, third and fourth classes to adopt the city-manager 
plan. The question is submitted to the voters of the city. At 
the same time the voters are to be informed as to the num¬ 
ber of councilmen, whether they shall be elected from wards 
or from the city as a whole and the compensation, if any, to 
be paid. If u majority of the voters favor the plan it is 
adopted. 

The Councilmen are elected the first Tuesday in April, and 
serve for one or two years as determined at the time of 
adopting the plan. The method of nomination, of election, 
and the qualifications for holding office are the same as for 
cities in general. Vacancies are filled by the remaining 
councilmen if the uriexpired term is less than six months, 
otherwise by special election. Members of the council are 
subject to recall. The salary of each member can not exceed 
$200 a year. 

The council elects one of its members president and fixes 
the time for holding meetings. It exercises all the legislative 
and ordinance powers of the city. And it is required to hire 
a trained, experienced, and efficient city manager, fix his 
salary and, should he prove unsuccessful, remove him. 

The City Manager is the chief executive of the city. He 
appoints the heads of departments and subordinate officials 
and removes them. He may create or abolish such minor 
offices as he sees fit. With the consent of the council he may 
abolish city boards and commissions except the school board 
which can be abolished only by popular vote. He may make 
such recommendations to the council as he deems wise and 


THE CITY 


77 


he must make monthly reports regarding receipts and ex¬ 
penditures. 

As already indicated, this plan of city government has 
proven very successful and will doubtless be commonly 
adopted in this State. Therefore, every student should study 
it carefully. 


REVIEW QUESTIONS 

1. Why do we need city governments? Why are cities incorporated? 

2. How are cities incorporated in Wisconsin? 

3. What classes of cities are there in Wisconsin? 

4. Why are these classes made? 

5. What classes of officers are found in each class? 

6. Name the elective officers in cities of the second, third and fourth 
class. 

7. When are these officers elected? 

8. By whom are they elected? 

9. What are their qualifications? 

10. What is the length of term of each? 

11. When does each take office? 

12. How may city officers be removed? 

13. How are vacancies filled? 

14. How are the salaries of officers in cities fixed? 

15. What officers comprise the common council? 

16. What are the powers and duties of the common council? 

17. What is the duty of the supervisors? 

18. Name the elective officers of the executive department and give the 
duties of each. 

19. Name the elective officers of the judicial department and give the 
duties of each. 

20. Name the appointive officers of a city and give the duties of each. 

21. Name some of the important boards of the city and give the duties of 
each. 

22. What is the commission form of government? 

23. What is the initiative, the referendum and the recall? 

24. What are the advantages of the commission form of government? of 
the initiative? of the referendum and of the recall? 

25. What is the city-manager plan of government? What are its advantages? 


78 


THE LOCAL GOVERNMENTS OF WISCONSIN 


PRACTICAL POINTS 

(To be answered if your school is located in a city) 

1. Construct a map of your city (marking the ward lines). Put in all 
streets and bridges. Draw a map of the town in which the city is located, 
putting in all school districts, roads and bridges. 

2. What has the town to do with the government of your city! What has 
your city to do with the government of the town? 

3. How long is your city? How wide is it? What is its area? What is 
its population? What is the origin of its name? 

4. What does your city do for its schools? 

5. How does it protect the lives of the people; their freedom; their prop¬ 
erty? 

6. How does it care for its streets; its sidewalks; its light; its water; its 
poor; its criminals? 

7. What do the voters have to do with the government of the city? When 
do they meet? Where do they meet? 

8. Who are the officers of your city and where do they live? Why should 
they do their duty? 

9. Who makes the ordinances, or laws, of your city? Give some of the 
important ones. When are these laws made? 

10. What would happen if one of you violated one of these laws? 

11. Examine a copy of the city clerk’s report of the council proceedings. 

12. What is the assessed value of your city? How much money is to be 
raised this year to pay the expenses of your city? What is the tax rate for 
your city? 

13. What can you do to be a better citizen in your city now? When you 
become a voter? 

14. In what ways can your city government be made better? 

15. Has your city a good water supply; an adequate sewerage system; a 
garbage disposal plant; a good lighting system; proper police and fire protec¬ 
tion; a public library; a good health record; playgrounds, parks and a nata- 
torium ? 

16. Locate the fire alarm box nearest the school; nearest your home. How 
and when should it be used? 

17. Visit a meeting of the city council. 

18. Hold a mock council meeting. 


THE CITY 


79 


REFERENCES 

1. Essentials in Civil Government—Forman, Lesson 19, 20, pp. 103-115. 

2. The Community and the Citizen—Dunn, Chap. 22, pp. 198-207. 

3. The Government of the United States—Moses, Chap. 12, pp. 317-321. 

4. Government Class Book—Young, Chap. 14, pp. 59-62. 

5. The Young Citizen’s Reader—Reinsch, Chap. 12, pp. 152-162. 

6. The American Citizen—Dole, Chap. 13, pp. 72-76. 

7. How the People Rule—Hoxie, Chap. 7, 8, pp. 63-82. 

8. The Government of Wisconsin—James and Sanford, Chap. IV, pp. 
14-21. 

9. Essentials of Civil Government—Gillan and Hewitt, pp. 80-81. 

10. Civil Government of Wisconsin—Wilgus, Chap. 4, City Government. 

11. Revised Statutes of Wisconsin, Chapter on Cities. 




IX. THE COUNTY AND ITS GOVERNMENT 


The Need for County Government. Town, village and city 
governments, as we have learned, are organized to supply 
local needs. But these different localities have certain needs 
in common, such as a comfortable home for the poor, an asy¬ 
lum for the insane, and a secure jail for criminals. Ex¬ 
tended highways must be constructed and costly bridges 
built. Peace must be preserved and the education of chil¬ 
dren supervised. Such needs can be satisfied most efficiently 
and economically by a large political unit which includes the 
towns, villages and cities. Therefore the county govern¬ 
ment has been organized. The towns, villages and cities are 
primary political units, and if you will place those in your 
county in their proper relation, one to another, you will dis¬ 
cover you have constructed a complete map of the county. 
In other words a county is composed of the towns, villages 
and cities in it. Besides attending to the common local needs 
of the people the county also assists the State to administer 
its laws. 

The Organization of the County. Counties are created by the 
State legislature, whenever conditions make it desirable. The 
State Constitution provides that a county containing more 
than 900 square miles may be divided by the Legislature 
without submitting the question to the voters of the county, 
but if it contains less than 900 square miles the people of the 
county must approve, by vote, any change before it can be 
made by the Legislature. It thus appears that the framers of 
the Constitution thought 900 square miles, or 25 townships, a 
convenient size for a county. 


THE LOCAL GOVERNMENTS OF WISCONSIN 


81 


As a matter of fact, the 71 counties of the State average 
about 800 square miles. 

When a new county is organized the county board, at its 
first meeting, establishes the county seat. When once located 
it can be moved to another city only by vote of the people. 
At the county seat are located the county offices, the court 
house, jail, and sometimes other public buildings. 

The County Government, according to the Constitution, 
must be as nearly uniform as possible throughout the State. 
Like towns, villages and cities, the county may own property 
both real and personal. It may sue and be sued; and it may 
make such contracts as are necessary to exercise its powers. 
The government of the county, like those of the local units 
already studied, may be divided into three departments— 
legislative, executive and judicial. 

The Legislative Department. 1 The County Board of Super¬ 
visors makes the laws for the county. The board is com¬ 
posed of the chairman of each town, a supervisor from each 
village, and a supervisor from each ward in each city within 
the county. 

If the chairman of any town, for any reason, is unable to 
attend a meeting of the county board, one of the other mem¬ 
bers of the town board attends in his place. If a village su¬ 
pervisor is unable to attend, the trustees of the village ap¬ 
point some one to take his place, and if a supervisor from a 
city ward is unable to attend a meeting of the county board 
the city council appoints some one to fill the vacancy. 

The pay of the members is determined by the board it¬ 
self, but it can not be less than four nor more than five dol¬ 
lars a day, while they are attending to county business, and 
six cents a mile in going to and from the county seat. 

J If a majority of the voters so desire, a county may now be governed br a 
board «f commissioners. Laws 1921, Ch. 245. 






Green County Court House at Monroe 
























THE COUNTY 


83 


Meetings of the County Board . The county board must 
meet each year on the Tuesday following the second Monday 
in November. Special meetings may be called by the county 
clerk upon the request of a majority of the county board. 
He signs all ordinances passed by the county board and 
countersigns all orders drawn on the county treasurer. The 
chairman is elected at the annual meeting in November by 
the members of the board and holds his office for one year. 

The county clerk acts as secretary of the county board. He 
must attend all the meetings and keep the minutes, making 
a careful record of all ordinances, resolutions and petitions 
passed. Upon the request of one member, he also must re¬ 
cord the votes of members on any measure. 

That the people of the county may know what their repre¬ 
sentatives are doing, any one conducting himself in an or¬ 
derly manner is permitted to attend the meetings of the 
county board. The proceedings are also published, so any¬ 
one may read them. 

The business of the board is conducted according to par¬ 
liamentary rules. For example, an ordinance is put in the 
form of a motion by some member, is considered, discussed 
and finally put to a vote and passed or killed as a majority 
of the members present decide. 

Powers and Duties of the County Board. Many powers 
are exercised by the county board. A few of the more im¬ 
portant are the following: (1) It may erect, repair, and 
maintain county buildings such as a county office building, 
a court house, jail, poor house, insane asylum, training 
school for teachers, and a county agricultural school. (2) It 
may purchase land, not exceeding $8,000 in value, for a coun¬ 
ty fair grounds; (3) and erect a soldiers’ monument not to 
exceed $10,000 in value. 

(4) It must have the care of all county property; (5) pro¬ 
vide the necessary books and stationery for the county offi- 


84 


THE LOCAL GOVERNMENTS OF WISCONSIN 


cers; (6) provide the forms for keeping the public records: 
(7) and furnish a seal for the county and its officers. 

(8) It fixes the salaries of county officers; (9) and provides 
for the publication of the proceedings of the board in 
pamphlet form. 

It (10) examines and settles all bills against the county; 

(11) makes appropriations necessary to care for the county 
property and meet the running expenses of the county; and 

(12) meets the expenses by borrowing money or by levying 
taxes. 

The board may (13) lay out, change or vacate territorial 
or state roads; (14) assist local units to build roads and 
bridges; (15) grant charters to persons or companies to build 
plank or turnpike roads, construct bridges or establish fer¬ 
ries within the county and fix the toll for each. 

It (16) may grant charters also to literary, charitable, be¬ 
nevolent and scientific institutions. It (17) may organize 
towns within the county, abolish them, or change their boun¬ 
daries. It (18) may also change the name of any town, vil¬ 
lage or even person in the county. (19) It may assume di¬ 
rect charge of all the poor of the county. (20) If it has a 
population of 50,000 or more it may establish an industrial 
school for wayward children. 

It has the (21) power to appoint such officers and boards 
as are necessary to effectually administer the affairs of the 
county. 

Other powers and duties are authorized or required by law 
but those named above give a very complete idea of the work 
of the county board. 

The Executive Department. The executive officers of the 
county are a sheriff, coroner, clerk, treasurer, register of 
deeds, surveyor, superintendent of schools, district attor¬ 
ney, and clerk of the circuit court. These officers, except the 


THE COUNTY 


85 


superintendent of schools, are elected by the voters the first 
Tuesday after the first Monday in November in the even 
numbered year. 1 

They enter upon the duties of their office the first Monday 
in January following their election. The superintendent of 
schools is elected the first Tuesday in April the odd num¬ 
bered years and takes his office the first Monday in the fol¬ 
lowing July. 

Each officer, before entering upon the duties of his office, 
is required to take an oath to support the Constitution of the 
United states and of the State, and some, especially those 
who handle money for the county, are required to give 
bonds. 

The Length of Term for all executive officers is two years. 

Their Salaries , as we have already learned, are fixed by 
the county board. 

Vacancies may occur by death, resignation, removal from 
the county or removal from office. They are filled by ap¬ 
pointments made by the governor with the exception of 
those occurring in the office of superintendent of schools, 
the county clerk, county treasurer or surveyor and the clerk 
of the court. When a vacancy in the office of superintendent 
occurs it is filled by an appointment made by the state super¬ 
intendent, when one occurs in the office of clerk of the court 
it is filled by the circuit judge, and in the office of coun¬ 
ty clerk, county treasurer or surveyor by the county board. 
A person appointed to fill a vacancy holds the office for the 
unexpired term. 

The Sheriff is the chief executive officer of the county. He 
appoints a jailer, and undersheriff, and, in each city and 
each village of 1000 population or more, a deputy sheriff to 
assist him when it is necessary in order to catch criminals; 


’See Article VI, Section 4, of the Constitution of Wisconsin. 




86 THE LOCAL GOVERNMENTS OF WISCONSIN 

or in time of riots he may appoint as many deputies as he 
thinks necessary. In very serious cases he may call to his 
assistance the “posse commitates,” that is the citizens, and 
if they are not sufficient to quell the disturbance he may call 
upon the governor for the State militia. 

It is the duty of the sheriff and his deputies to preserve 
peace and good order throughout the county. They must 
capture criminals and suppress disturbances and riots. The 
sheriff is the servant of the judicial department and serves 
the warrants, subpoenas and other legal papers issued by it. 
He arrests offenders, places them in the county jail, feeds 
them, takes charge of them during their trial, and, at the 
close of the trial, he releases them, keeps them in the county 
jail or takes them to the State’s prison at Waupun, as di¬ 
rected by the judge. He must keep a careful record of the 
name and residence of each person placed in the county 
jail and the nature of the crime committed. At the sessions of 
the circuit court held in his county he must always be pres¬ 
ent and take charge of the jury as well as the criminals. 

The sheriff and his assistants commonly receive fees for 
their services but the county board may provide fixed sal¬ 
aries. 

The Coroner takes the office of sheriff whenever it be¬ 
comes vacant. When the sheriff is party to a civil suit or 
violates the law the coroner serves the notice or warrant 
upon him. 

But the coroner’s chief business is to hold inquests over the 
bodies of persons who have met death in a mysterious or vio¬ 
lent manner. An inquest is an examination to determine 
the cause of death. A jury of six men is called to assist in 
deciding the case. Witnesses are examined and if evidences 
of foul play are discovered an effort is made to bring the 
guilty persons to trial. 


THE COUNTY 


87 


The County Clerk publishes notice of the county elections, 
sees to the printing of the ballots for the elections, and after 
the election, with the aid of the board of canvassers, he tab¬ 
ulates the vote. 

As we have seen already, he acts as secretary of the county 
board, keeping the minutes of its meetings, and he must no¬ 
tify the state superintendent of schools of all resolutions 
passed by the board pertaining to the school funds; and the 
secretary of state of any new towns organized or changes 
made in the boundaries of towns and villages in the county. 

He carefully preserves the records of the county and for a 
small fee he will make out a certified copy of any portion of 
these records. 

He draws all orders on the county treasurer, keeps a rec¬ 
ord of the receipts and expenditures of thb county, exam¬ 
ines the books of the county treasurer and makes a detailed 
financial report to the county board at its annual meeting. 

The county board, at its annual meeting in November, de¬ 
termines the amount of taxes to be raised for county pur¬ 
poses. The amount to be raised for the State has already 
been reported by the secretary of state. The clerk appor¬ 
tions the State and county taxes among the towns, villages 
and cities of the county according to the assessed value of 
their property and reports the amount to be raised by each 
unit to the clerk. 

The County Treasurer receives, keeps and pays out all 
moneys belonging to the county. The town, village and city 
treasurers pay to him about March first each year the county 
and State taxes collected by them. He pays to the state 
treasurer the State taxes; and pays out the money belonging 
to the county only on order of the county board. The order 
is drawn by the county clerk and countersigned by the chair¬ 
man of the county board. 





88 


THE LOCAL GOVERNMENTS OF WISCONSIN 


He must keep a careful record of all moneys received and 
paid out by him and make a full report to the county board 
at its annual meeting. 

The Register of Deeds keeps a record of deeds and mort¬ 
gages upon real estate located in the county. This record is 
kept in books furnished for the purpose. The record is very 
important in determining the ownership of and the mort¬ 
gage claims against the real estate in the county. 

He must keep, also, a record of all births, marriages and 
deaths occurring in the county. 

The County Surveyor makes surveys of land, roads, lots, 
streets and the like when ordered to do so by the court or 
upon application of individuals or corporations. He keeps 
a record and maps of his surveys on file in his office. His 
books are open to the public for inspection and he will fur¬ 
nish a copy of any records or maps to any person who pays 
the required fee. 

The County Superintendent of Schools has general super¬ 
vision of the schools of the county. To be a county superin¬ 
tendent one must have taught at least eight months in the 
public schools of the State and must hold a teacher’s certifi¬ 
cate or a county superintendent’s certificate at the time of his 
election. It will be remembered that he is elected at the 
spring election in the odd numbered years and takes his 
office the first Monday of the July following. 

The county superintendent examines and licenses teach¬ 
ers; visits the district schools of his county at least once a 
year, inspects the grounds, buildings, heating plant and gen¬ 
eral equipment; examines into the management of the 
school, the discipline, the methods of instruction, the course 
of study and the text-books. He suggests to the teacher and 
the school board any improvements he deems desirable. 

He must hold at least one teachers’ institute and one school 


THE COUNTY 


89 


board meeting, and he must attend at least one county su¬ 
perintendents’ meeting during each year. 

He receives the reports of the school district clerks re¬ 
quired by law and transmits abstracts of them to the State 
Superintendent—a laborious but important duty. 

Once each year he must make a report on the condition of 
the schools of the county to the county board. 

In counties having more than 60 schools, the county board 
is empowered to authorize the county superintendent to ap¬ 
point a clerk to assist him and to employ competent persons 
to take charge of the examinations for common school di¬ 
plomas. 

The District Attorney is the lawyer for the county. He 
gives legal advice to the officers of the county when called 
upon to do so. He prepares the legal papers for the county 
upon request. He acts as attorney for the county or State 
whenever either is an interested party in a civil or criminal 
case. 

But when the district attorney is personally interested in 
a case, either directly or indirectly, the judge may appoint 
some one to act in his place. 

The Clerk of the Circuit Court attends the sessions of the 
circuit court held in his county and keeps a detailed record 
of all civil and criminal cases tried before the court. 

In a book provided for the purpose he must enter the 
names of the parties to each suit, the attorneys, jurors and 
witnesses, the date when each paper is filed, the facts pre¬ 
sented during the trial, and the verdict of the jury. 

In other books he keeps the names of all foreigners who 
declare their intentions to become citizens of the United 
States, and of those who are admitted, by the court, to full 
citizenship in compliance with the United States law. 


90 


THE LOCAL GOVERNMENTS OF WISCONSIN 


In still other books he keeps a record of the appointments 
of deputy sheriffs, court commissioners, notaries public, and 
the names and official terms of justices of the peace. 

It is very necessary that these records be accurately kept 
for they are frequently examined by individuals and de¬ 
manded by courts. 

The Judicial Department. We have already studied the j us¬ 
tice courts found in towns, villages and cities, and presided 
over by justices of the peace. 

We recall also the police courts which are frequently 
found in villages and cities. 

We must remember, too, the municipal courts established 
in quite a number of the cities of the State by special acts of 
the Legislature. 

The County Court is presided over by a county judge who 
is elected at the spring election, which is the first Tuesday in 
April, for a term of six years. 

He has charge of all probate work; that is, the settlement 
of the estates of deceased persons. When a person dies with¬ 
out a will the judge appoints an administrator to take charge 
of the estate, and when a person leaves a will the judge ap¬ 
points an executor to take charge of the property under the 
supervision of the judge. The administrator or executor col¬ 
lects all money owed the deceased person, examines and set¬ 
tles the accounts against him and finally distributes the prop¬ 
erty to the heirs according to the law or according to the will 
in case one has been left. 

The county judge appoints guardians for orphans, feeble¬ 
minded adults and other individuals unable to take care of 
themselves and their property. 

The county judge commonly is granted jurisdiction over 
certain civil and criminal cases arising within the county. 


THE COUNTY 


91 


The extent of jurisdiction is determined in each county by 
special act of the legislature and it therefore includes differ¬ 
ent cases in the different counties. 

It is often provided that cases may be appealed from the 
justice, the police justice and the municipal courts of the 
county to the county court. 

The Circuit Court, while not a county court, but a State 
court, should be mentioned here because a session of this 
court is held twice a year in each county. Several counties 
are usually included in each circuit, and the judge has juris¬ 
diction over civil and criminal cases.* He is elected at the 
spring election for a term of six years. 

As we have learned already, the clerk of the circuit court, 
the sheriff and the district attorney must attend the sessions 
of this court held in their county. 

The Appointive Officers and Boards. The county board is 
given power to appoint certain officers and boards. The 
powers exercised by such officials are indicated by their 
names. 

A County fiighway Commissioner, appointed for three 
years, has charge of the construction of the State highways 
within the county. The highways of the county are mapped 
out by the county board and road construction is carried on 
from year to year. Two-thirds of the expenses of building 
the roads and four-fifths of the cost of constructing bridges 
is borne by the town and county in which the road is con¬ 
structed. The State pays the remaining expenses. The con¬ 
struction and improvement of roads throughout the State 
are under the supervision of a state highway commission. 

The Income Tax Assessor, although not a county officer, 
has a great deal to do with the assessment of property in the 
county. The State is divided into income tax districts, no 



V2 THE LOCAL GOVERNMENTS OF WISCONSIN 

district being smaller than a county. There are between forty 
and forty-five such districts. The income tax assessor is ap¬ 
pointed by the state tax commission, under civil service, for 
a term of three years. This officer assesses the incomes of 
individuals within his district. The corporations are as¬ 
sessed by the state tax commission. The total income of the 
individual or corporation is first determined. The expenses 
necessary to get it are then subtracted. This gives the net 
income. 

Then only the net income in excess of $800 received by a 
single person, and that in excess of $1200 received by a mar¬ 
ried person is subject to taxation. 

Besides assessing incomes in his district the income tax as¬ 
sessor supervises the work of the town, village and city as¬ 
sessors within his district. He may call the assessors together 
to discuss their assessment problems. He may visit each 
assessor and test his work by comparing his assessed value 
with the actual value of the property within the town, vil¬ 
lage or city. He also compares the assessment rolls of the 
different towns, villages and cities to see that the assess¬ 
ments are reasonable and just. 

The County Agricultural Representative , an official found 
in a number of counties, aids the farmers in the improve¬ 
ment and development of agriculture and country life con¬ 
ditions, in the adoption of better business methods, the for¬ 
mation of co-operative enterprises and gives instruction in 
agriculture to children and adults. 

Other officers of less importance are appointed when con¬ 
ditions make them necessary. 

Boards, composed of three or more members, are ap¬ 
pointed whenever the needs of the county make them de¬ 
sirable. 


THE COUNTY 


93 


When a poorhouse is provided a board of superintendents 
of the poor is appointed to care for the property and for the 
inmates. A superintendent of the poor farm is also ap¬ 
pointed. He is in actual charge of the poor. 

Trustees of the Insane are appointed in case the county 
maintains an asylum for the insane. When the county has 
both a poorhouse and an asylum one board is often in charge 
of both. 

If the county maintains a county training school to pre¬ 
pare teachers for better service in its rural schools, the 
school is placed under the control of a board of three mem¬ 
bers, one of whom is the county superintendent of schools. 
Likewise, if the county establishes a school of agriculture 
and domestic science it is placed in the charge of a similar 
board. In many counties other appointive officers and 
boards may be found but those named above give some idea 
of the purpose and the plan by which they are established. 

The Committee on Common Schools consists of three 
members elected by the county board. One member of the 
committee is elected each year at the November meeting of 
the board to serve for a term of three years. Any voter of 
the county, except a member of the county board, living 
outside a city having a city superintendent is qualified to 
serve on the committee. The members are paid by the day 
and their services are limited to a few days each year. The 
necessary expenses of each member of the committee are 
also paid. The regular meeting of the committee is held on 
the first Tuesday in December annually and special meet¬ 
ings may be held from time to time. 

This Committee must make, and keep up to date, a map 
of the school districts of the county; it may hear the case of 
any person dissatisfied with the decision of a town board, 
village board of trustees or a city council relative to the crea¬ 
tion, dissolution, consolidation or alteration of school dis- 


94 


THE LOCAL GOVERNMENTS OF WISCONSIN 


tricts; and it may make such changes in the school districts 
of the county as it thinks desirable. A report of all such 
changes must be made annually to the county board. 

A supervising teacher must be appointed annually, in May, 
by the Committee to assist the county superintendent in or¬ 
ganizing, administering and supervising the schools. Should 
the county contain more than 125 schools the Committee may 
appoint two supervising teachers. These assistants must be 
selected from a list submitted by the county superintend¬ 
ent, or the county superintendent elect, and they must be 
especially qualified for their work. They are paid not less 
than $80.00 nor more than $100.00 per month and expenses, 
the money to be taken from the treasury of the State. Our 
public schools have been greatly improved because of the 
services rendered by the supervising teachers. 

A Health Instructor , or public health registered nurse, ac¬ 
cording to a law enacted in 1919, must be appointed in each 
county of the State. The appointment is made by the county 
board from a certified list of nurses furnished by the state 
board of health. 

The county nurse supervises the health of the schools, re¬ 
ports contagious diseases, investigates cripples, assists tuber¬ 
culosis patients, acts as health instructor throughout the 
county, assists in securing school attendance and in the en¬ 
forcement of the child labor laws. 

The work is under the general direction of the state board 
of health and under the immediate supervision of a county 
board of health especially appointed for the purpose. 

Conclusion. We have now completed our study of the lo¬ 
cal governments of Wisconsin and it is hoped that the 
knowledge we now possess will cause us to continue to study 
them, and to find ways and means by which one or more of 


THE COUNTY 


95 


those in which we are living can be improved. And more 
than everything else, we hope that our study will give us a 
greater patriotic feeling and determination to be better citi¬ 
zens in our home, our school, our town, village or city and our 
county. 








REVIEW QUESTIONS 

1. How many counties are there in Wisconsin? 

2. By whom are they organized? 

3. About how large is the average county? 

4. What is meant by the county seat? What buildings are found there? 

5. What do we call the legislative department of the county? 

6. Who comprise the legislative department of the county? 

7. Who presides at the county board meetings? Who acts as secretary? 
Who keeps order? 

8. When does the county board meet? 

9. What powers are exercised by the county board? 

10. What officers comprise the executive department of the county? 

11. When are they elected? 

12. By whom are they elected? 

13. What is the length of their term? 

14. When do they take office? 

15. What duties are performed by each officer? 

16. What officers comprise the judicial department of the county? 

17. When are they elected? 

18. When do they take office? 

19. What is the length of their term? 

20. What duties are performed by them? 

21. How many vacancies occur in any of the county offices? 

22. Who fills such vacancies? 

PRACTICAL POINTS 


1. Draw a map of your county, putting in the towns, villages and cities. 

2. How long is your county? How wide is it? What is its area? What 
is its population? 

3. How many towns in the county? How many villages? How many 

cities? 

4. What does the county do for your town, village or citv school? 


96 


THE LOCAL GOVERNMENTS OF WISCONSIN 


5. What does it do to protect the lives of your people; their freedom; 
their property? 

6. What does it do to keep up your roads; your bridges? What does it do 
for your poor; your insane; your criminals? 

7. Who makes the laws for your county? When do they meet? Who 
represents your town, village, or city ward on your county board? 

8. Give some of the important laws which have been passed by your 
county board. Did it pass any important laws at its last session? Did it 
do any other important business? (A copy of the Proceedings of the County 
Board «an be gotten from the County Clerk). 

9 . What is the assessed value of your county? How much money has 
been voted to pay the county expenses for the present year? What is the 
tax rate for county purposes? 

10. Who are the officers of your county and where are they from? Why 
do we call them “the servants of the people’’? 

11. What can you do to be a better citizen of your county now? When 
you become a voter? 


REFERENCES 

1. Essentials in Civil Government—Forman, Lesson 16, pp. 85-92. 

2. The Community and the Citizen—Dunn, Chap. 21, pp. 91-97. 

3. The Government of the United States—Moses, Chap. 12, pp. 313-317. 

4. Government Class Book—Young, Chap. 12, pp. 51-56. 

5. The Young Citizen’s Reader—Reinsch, Chap. 23, pp. 163-165. 

6. School Civics—Boynton, Chap. 19, pp. 289-292. 

7. The American Citizen—Dole, Chap. 10, pp. 53-54. 

8. The Government—Clark, Chap. 24, pp. 134-136. 

9. How the People Rule—Hoxie, Chap. 10, pp. 96-102. 

10. American Government—Magruder, Chap. XIII, pp. 301-24. 

11. The Government of Wisconsin—James and Sanford, Chap. V, pp. 
22-25. 

12. Essentials of Civil Government—Gillan and Hewitt, pp. 78-80. 

13. Civil Government of Wisconsin—Wilgus, Chap. 4, County Government 

14. Revised Statutes of Wisconsin, County Government. 







bTATE Capitoi. 'r Mauisox 

One of the most beautiful in the United States 














THE STATE GOVERNMENT OF WISCONSIN 


X. THE STATE GOVERNMENT ESTABLISHED 

Under French Rule. The lands which comprise the State of 
Wisconsin were discovered, explored and settled by the 
French during the seventeenth century. Samuel Champlain, 
while governor of Quebec, sent Jean Nicholet to explore the 
region. Following the Great Lakes he entered Green Bay and 
landed just below the mouth of the Fox River, in what is now 
Brown county, in 1634, just fourteen years after Plymouth 
colony was founded. He went up the Fox River, discovered 
Lake Winnebago and ascended the Upper Fox to the site of 
the present City of Berlin and then he returned to Quebec. 
Within the next half century he was followed by other ex¬ 
plorers and missionaries who learned of the copper mines 
on the shores of Lake Superior, and of the lead mines in the 
southwestern part of the State. In 1671 (June 14) the terri¬ 
tory was formerly taken possession of by the Sieur Saint 
Lusson in the name of the King of France. Later the lead 
mines were worked, trading posts established, and tempor¬ 
ary settlements made which strengthened the King’s claim 
to this portion of New France. A nominal control was exer¬ 
cised by the governor general of the French dominions sta¬ 
tioned at Quebec. The territory remained in the hands of 
the French until the close of the French and Indian War, 
when by the Treaty of Paris, in 1763, it passed to England. 

Under English Rule. The first permanent settlement was 


98 



THE STATE GOVERNMENT ESTABLISHED 


99 


made at Green Bay by Charles de Langlade and some associ¬ 
ates in 1766. Other settlements were soon made at Prairie 
du Chien and Milwaukee. These isolated inhabitants had 
little occasion to display loyalty to the mother country. In 
1774, by the Quebec Act, the English provided for the annex¬ 
ation of the territory north of the Ohio and east of the Missis¬ 
sippi to Canada and for the establishment of a civil govern¬ 
ment over it all with the capital at Quebec. This was very 
distasteful to the American colonies and was one cause of the 
Revolution. By the treaty with England, in 1783, all the ter¬ 
ritory north of the Ohio, east of the Mississippi and south of 
the Great Lakes was ceded to the colonies. 

As Territory of the United States. The conflicting claims of 
the different colonies, due to inaccurate charters, resulted in 
all of them, by mutual agreement, relinquishing their inter¬ 
ests to this territory in favor of the central government. By 
the Ordinance of 1787 the Congress organized it into the 
Northwest territory. This ordinance was a most important 
document for it provided an efficient government for this 
territory and also gave shape to the territorial system of 
government employed by the United States ever since. It 
prohibited slavery within the territory, laid the foundation 
for a permanent system of public schools and provided for 
a democratic form of government. As the population in¬ 
creased and settlements extended, the Territory was to be 
organized into not less than three states nor more than five. 
Each state was to be admitted into the Union when it pos¬ 
sessed a population of 60,000. 

In accordance with these provisions Ohio was admitted in 
1802, Indiana in 1816, Illinois in 1818, and Michigan in 1836. 
When Ohio was organized as a separate territory in 1800, 
Wisconsin become a part of the Territory of Indiana. In 
1809, when Indiana was established as a separate territory 


10U 


THE STATE GOVERNMENT OF WISCONSIN 


Wisconsin became a part of the Territory of Illinois, and 
when Illinois became a state in 1818, Wisconsin was attached 
to the Territory of Michigan which had been established as 
a separate territory as early as 1805. 

Wisconsin Territory Organized. When Michigan was ad¬ 
mitted to the Union in 1836, Wisconsin was organized into 
the Territory of Wisconsin. The congressional act establish¬ 
ing the territorial government was passed April 20, and, ten 
days later, President Jackson appointed Henry Dodge gover¬ 
nor. On July 4, 1836, at Mineral Point, Mr. Dodge and the 
other territorial officers took their oath of office and so in¬ 
augurated the new government. The first Legislative As¬ 
sembly met at Old Belmont (Lafayette county) on October 
25 and continued in session until December 9. Besides en¬ 
acting the necessary territorial laws, it located the perman¬ 
ent capitol at Madison. The place was then inhabited by 
only a few people but the Creator had made it one of the 
beauty spots of America. Time has proven the wisdom of 
the selection. 

State Government Organized. After ten years of terri¬ 
torial experience and development the people were ready 
for statehood. By request, Congress in 1846 granted the 
people the right to draft a constitution and apply for admis¬ 
sion. The people by an overwhelming majority favored the 
plan and Governor Dodge issued a proclamation calling a 
convention for drafting a constitution. The 124 delegates, 
representing the various counties, were elected Sept. 7, 1846, 
and they assembled in the territorial capitol, at Madison, 
in December. After some weeks of effort, a constitution was 
drafted and on April 5, 1847, it was submitted to the voters 
for approval. It was rejected. Several clauses were espe¬ 
cially criticised, notably the provision for an elected judi- 


THE STATE GOVERNMENT ESTABLISHED 


101 


ciary, the restrictions upon banks, the clause relating to ex¬ 
emptions, and to the rights of married women. 

Governor Dodge then called a special session of the Legis¬ 
lature which made provision for a second constitutional 
convention. Of the 69 members elected to the second con¬ 
vention but six had been members of the first, most of them 
refusing to stand for re-election. The convention assembled 
in the Capitol and, after laboring from December 15 to Feb¬ 
ruary 1, framed a second constitution which was adopted 
the following March by a large majority of the voters. The 
document was approved by Congress and the President. 
Wisconsin became a State on the 29th of May, 18^8, and we 
should celebrate that day as Wisconsin's birthday. 

Upon being assured that Congress and the President 
would act favorably, a general election for the first State offi¬ 
cers was held on May 8. Mr. Nelson Dewey was chosen 
governor. He and his fellow officers took the oath of office 
at Madison, June 7. At the same time the Legislature 
opened its first session and thus the State government began 
business. 

Out of experience the people had discovered that they 
possess certain common needs that can be best satisfied by 
local organizations such as the school district, the town, the 
village, the city, and the county; other needs, more general 
in nature, can be best supplied by a State government; still 
others can best be met by the cooperation of the local and 
State governments. In territorial days, as the population 
grew, schools, villages, cities, towns and counties were or¬ 
ganized in response to common demands. Finally a State 
government was established and Wisconsin, as we have 
seen, was admitted into the Union. The people of the State 
like those of all other American states, have a Constitution, 


102 


THE STATE GOVERNMENT OF WISCONSIN 


that is a fundamental law, expressing in general principles 
the will of the people by which the government is controlled. 
All laws enacted by the State Legislature must be consistent 
with this Constitution, otherwise they are null and void. 

The Constitution. The State has had but one Constitution, 
although it has been amended some twenty-five times. It 
states the rights guaranteed the people of the State; de¬ 
scribes the boundaries of Wisconsin; gives the qualifications 
of voters; provides for the establishment of a legislative, an 
executive, administrative, and a judicial department for the 
purpose of making and enforcing laws. It also states very 
definitely the principles which must guide the government 
in the raising and expending of money; in exercising the 
right of eminent domain; and in the organization of cor¬ 
porations, both public and private. A very liberal provision 
is made for a system of education at public expense. It con¬ 
cludes by providing for a method of amending the Constitu¬ 
tion; for certain miscellaneous matters; and for the steps 
necessary to be taken in changing from a territorial to a per¬ 
manent State government. The Constitution opens with the 
Preamble, which states the reasons for its adoption. It reads 
as follows: 

“We, the people of Wisconsin, grateful to Almighty God 
for our freedom; in order to secure its blessings, form a more 
perfect government, insure domestic tranquility and pro¬ 
mote the general welfare do establish this Constitution” 

REVIEW QUESTIONS 

1. state briefly how Wisconsin was discovered, explored and settled. 

2. What nation first governed it? 

3 . How long was Wisconsin under its rule? 

4 . What nation next governed it? How did it govern the territory? 

5 . What did it do in the way of planning a form of government for it? 

6. What nation next governed the territory? How and when did it get 

it? 


THE STATE GOVERNMENT ESTABLISHED 


103 


7. What was the Ordinance of 1787? 

8. Of what territories was Wisconsin a part before the Territory of Wis¬ 
consin was organized? 

9. When was the Territory of Wisconsin organized? 

10. Who was the first territorial governor? When and where did he take 
his oath of office? 

11. When was the State of Wisconsin admitted into the Union? Who wu 
the first Governor of the State? 

12. Why was the State government organized? (See Preamble) 

13. What are the important subjects treated in the Constitution? 

PRACTICAL POINTS 

1. Was the section in which you live settled before Wisconsin became ft 

State? 

2. What city nearest you was founded while Wisconsin was a territory? 
When and why was it settled? 

3. Is there any place near where you live that was of importance in terri¬ 
torial or early State history? 

4. Where can you get information regarding the early history of Wis¬ 
consin? 

5. Do you know anyone who lived in territorial days? 

6. The author’s father was born five years before Wisconsin became ft 
State, in the city where Mr. Dodge took his oath of office as Governor of th« 
Territory. When and where was he born? 

REFERENCES 

1. Wisconsin Blue Book. 

2. History of Wisconsin—Moses M. Strong. 

3. Civil Goverment of Wisconsin—James A. Wilgus, Chapter II, pp.14-22. 

4. The Government of Wisconsin—James and Sanford, Chapter VI, pp. 
27-29. 


XL THE DECLARATION OE RIGHTS 


The Principles of Democracy. Centuries of experience have 
proven that man in order to make the most of himself must 
enjoy certain personal rights. So important is this fact that 
the framers of our State Constitution declare, in the very 
first section of the first article that, 

“All men are born equally free and independent, and have 
certain inherent rights; among these are life, liberty, and the 
pursuit of happiness. To secure these rights, governments 
are instituted among men, deriving their just powers from 
the consent of the governed.” 

This same thought was first expressed by our forefathers 
in the Declaration of Independence and may be considered 
the foundation principles upon which our democratic insti¬ 
tutions rest. Yet, it should never be forgotten that the gov¬ 
ernment may deprive any person of these rights should he 
act in a way that endangers the welfare of his fellows. 

The Rights of Law-abiding persons. Freedom of Person. 
For the purpose of guaranteeing personal rights, the people 
in the State are divided into two classes—those who are 
law-abiding; and those who are suspected of crime. A good 
person, who properly respects the right of others, is ensured 
perfect freedom of person. He is allowed to go where he 
pleases, or remain where he wishes, or engage in any busi¬ 
ness he thinks best. He can never be placed in prison or in 
slavery. Should anyone, by force, attempt to deprive him 
of his freedom he may secure (unless in time of rebellion or 
invasion) a writ of habeas corpus. This is done by petition¬ 
ing a judicial officer, who immediately issues the writ 
which commands the person in charge of the prisoner to 

104 


THE DECLARATION OF RIGHTS 


105 


bring him before the judge issuing the writ, who decides 
whether the person is being lawfully held. If he is not, then 
he is at once set free, but if he is lawfully held then he is 
returned to jail. After centuries of oppression freedom of 
person is thus guaranteed. 

Freedom of Speech and of the Press. To think as one 
pleases upon any subject is essential to one’s highest mental 
development. To express one’s self freely is essential to clear 
and right thinking. Then, too, people, whether they be com¬ 
mon citizens or officers, are inclined to heed public opinion 
and so hesitate to do wrong if they know every one is at lib¬ 
erty to discuss their acts. For these reasons every person 
is given the right to speak freely, write, and to publish his 
sentiments on any subject. 1 Of course one may abuse this 
right. Libel consists in speaking or publishing, with mali¬ 
cious intent, that which injures the reputation of another. 
But if that which is said or written is true, and was expressed 
for a good purpose, then it is not libel although it may injure 
a person in the eyes of the public. 

Right of Assembly and Petition. The right of the people 
to peacably assemble and discuss political or other questions 
and to petition the government is closely related to freedom 
of speech. It was not enjoyed in the days of monarchies and 
aristocracies. But when the people succeeded in getting a 
voice in the government it was a right early demanded and 
secured. It has proven one of the best safeguards against 
oppressive government. It is, therefore, a right universally 
enjoyed by the citizens of democratic states. Officers who 
are inclined to forget the interests of the people are often 
brought to a clearer sense of duty by the people freely dis¬ 
cussing their acts in public assembly; or by expressing their 
wishes by the use of petitions. Knowing the wholesome in- 


’Article I, section 3. 



106 


THE STATE GOVERNMENT OF WISCONSIN 


fluence that would follow, the framers of the Constitution 
provided that, 

“The rights of the people peaceably to assemble to consult 
for the common good and to petition the government or any 
department thereof shall never be abridged 

Freedom of Religious Worship. Freedom to worship 
God is a most sacred right. It establishes one’s ideals 
and fixes his standards of right and of justice. It enables 
him, as nothing else can, to develop his spiritual nature—that 
part of him which is most like the Creator. Little wonder, 
then, that the Declaration of Rights provides for complete 
religious freedom. It declares that, 

“The right of every man to worship Almighty God accord¬ 
ing to the dictates of his own conscience shall never be in¬ 
fringed; nor shall any man be compelled to attend, erect or 
support any place of worship, or to maintain any ministry, 
against his consent; nor shall any control of or interference 
with the rights of conscience be permitted, or any preference 
be given by law to any religious establishment, or mode of 
worship; nor shall any money be drawn from the treasury 
for the benefit of religious societies, or religious or theolog¬ 
ical seminaries .” 2 

To prevent any denomination from getting control of the 
State and managing it in the interests of its own members, 
as has been done in Europe, and to ensure complete separa¬ 
tion of church and State, which has proven best for both, it 
further provides that, • 

‘Wo religious test shall ever be required as a qualification 
for any office of public trust, under the State, and no person 
shall be rendered incompetent to give evidence in any court 


’Article I, section 4. *Article I, section 18. 



THE DECLARATION OF RIGHTS 


107 


of law or county in consequence of his opinions on the sub¬ 
ject of religion.” 1 

It was not the intention that the people of the State should 
be irreligious, but that they should enjoy perfect freedom of 
worship; nor that churches and other religious organizations 
should be unsupported, but it was belived that they would 
do best when supported entirely by voluntary contributions. 
As to the success with which this principle has worked in 
practice, you may judge. We shall certainly never return to 
the union of the church and the state as in the past. 

Right of Private Property. Property, or wealth, is essen¬ 
tial to the life and development of individuals. So it is 
quite natural that in a democracy like ours the right of 
individuals to receive, use and dispose of property should be 
carefully guarded. The need is so vital that the Declaration 
of Rights provides, that, 

“The privilege of the debtor to enjoy the necessary com¬ 
forts of life shall be recognized by wholesome laws, exempt¬ 
ing a reasonable amount of property from seizure or sale for 
the payment of any debt or liability hereafter contracted.”' 

The necessary laws have been enacted and provide that a 
farmer may retain his homestead of forty acres, and the nec¬ 
essary machinery and seed and certain farm animals; while 
one living in the city may keep his home and certain tools 
or equipment necessary to cany on his trade or business. 

Indeed, so sacred is the right of private property that even 
the State cannot take the property of an individual without 
justly compensating him for it. The people of the State, and 
of the counties, cities, villages, towns and school districts 
have the right of eminent domain over the property of citi¬ 
zens. That is, they have the right to take private property 
for public use, if they think it necessary, even though the 


‘Artiele I, section 19. *Article I, section 17. 



108 THE STATE GOVERNMENT OE WISCONSIN 

owner does not wish to let it go. If the authorities and the 
owner cannot agree upon the price to be paid, then a jury is 
summoned, under the direction of a court, which appraises, 
or fixes, the price which must be paid for the property. The 
Constitution provides that, 

“The property of no person shall be taken for public use 
without just compensation therefor” 1 

Protection Against Evil-Doers. “Every person ,” says the 
Declaration of Rights, “is entitled to a certain remedy in the 
laws, for all injuries, or wrongs which he may receive in his 
person, property, or character; he ought to obtain justice 
freely, and without being obliged to purchase it, completely 
and without denial, promptly, and without delay, conform¬ 
able to the laws” 2 

In harmony with this statement, the Legislature has en¬ 
acted a very complete code of laws which carefully protect 
the right of personal security, personal liberty, and private 
property. If one’s life is threatened or his person in danger 
of being harmed by another, he is granted the right of self- 
defense. The offender is also made subject to severe punish¬ 
ment. If one’s health is in danger, he is permitted to remove 
the cause, and to have the offender punished. One’s liberty 
of person is made secure by the writ of Habeas Corpus and 
his reputation, or good name, by a suit for libel. The right 
of private property is safeguarded in many ways. Laws of 
contract, by which it is received and disposed of, are care¬ 
fully drawn. Fraud is defined and punishment for it pro¬ 
vided. Theft is a crime, and the party guilty of it is made 
subject to fine and imprisonment. 


1 Article I, section 13. 2 Article I, section 9. 



THE DECLARATION OF RIGHTS 


109 


Officers have been provided and local, county, circuit and 
supreme courts established in the State which make it espe¬ 
cially easy to secure the arrest, conviction and punishment 
of evil-doers who encroach upon the rights of law-abiding 
citizens. 

Abuses of Government Prohibited. In ages past the peo¬ 
ple suffered greatly from the evil practices of rulers. The 
monarch who wished to secure the property of a rich sub¬ 
ject or who desired to punish a political enemy often em¬ 
ployed governmental devices to attain his ends. Sometimes 
a bill of attainder was passed. This was a law which con¬ 
demned a person without granting him a trial. Sometimes 
an ex post facto law was enacted. This was a law which 
made an act punishable by a penalty more severe than was 
the case when the act was committed. Sometimes, indeed 
often, as a penalty for the violation of law the person was 
made to suffer corruption of blood or forfeiture of estate. 
Corruption of blood deprived an offender of the right to in¬ 
herit property from his ancestors, or to retain that which he 
already possessed, or transmit property to his heirs. By 
the forfeiture of an estate the entire possessions of an of¬ 
fender, although the violator of an unimportant law, were 
taken from him to swell the treasury of the king. Laws 
changing the provisions of a contract have worked much 
harm in ages past. Royal favorites were often released from 
their obligations in this way. For the government to possess 
the power to change contracts at will is dangerous and likely 
to work great harm. In Wisconsin, none of these evils can 
exist, for the people are guarded against the abuses of gov¬ 
ernment by a provision in the Bill of Rights which declares 
that: ‘Wo bill of attainder, or ex post facto law, nor any law 
impairing the obligation of contracts shall ever be passed; 


110 


THE STATE GOVERNMENT OF WISCONSIN 


and no conviction shall work corruption of blood or forfeit¬ 
ure of estate ” x 

The law-abiding citizen, is carefully protected, therefore, 
in his life, his liberty, his freedom of thought, of religious 
worship, of property, all of which are deemed essential to 
his making the most of himself. Since the State so carefully 
protects him, he is in duty bound to do everything within his 
power to make the best possible use of his rights in develop¬ 
ing himself into the best possible citizen. 

The Rights of Accused Persons. Rights Before Trial. So 
sacred are the rights of people that they cannot be too care¬ 
fully guarded. Even when one is suspected of crime it must 
be presumed he is innocent until he is proven guilty. The 
Bill of Rights declares that, 

“The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches 
and seizures shall not be violated, and no warrants shall 
issue but upon probable cause; supported by oath or affirma¬ 
tion, and particularly describing the place to be searched 
and the persons or things to be seized.”' 

A person suspected of crime is subject to arrest only after 
a complaint has been made. This is a written accusation 
made to a judicial officer upon the oath or affirmation of a 
responsible person. If the judge deems the grounds suffi¬ 
cient, he issues a warrant of arrest. This contains a state¬ 
ment of the crime with which he is charged, and must be 
read to the accused person. 

If it is necessary to find concealed goods, an affidavit, a 
statement supported by oath or affirmation, must be made to 
a judicial officer carefully describing the goods and the place 
where they are supposed to be. The search-warrant, when 


Article I, section 12. a Article I, section 11. 



THE DECLARATION OF RIGHTS 


111 


issued, permits an examination of only the place specifically 
described and the taking of the goods if found. 

It was a practice common among kings to arrest a person 
and keep him in jail indefinitely. But in Wisconsin accused 
persons are protected against such abuses by the Constitu¬ 
tion which provides that, “All persons shall before convic¬ 
tion be bailable by sufficient securities, except for capital 
offenses when the proof is evident or the presumption 
great'" 

Bail is the security given by an arrested person or his 
friends as a guarantee that he will appear for trial when the 
time comes. If he fails to do so the bail is forfeited. This, 
however, does not release him from trial. Should he be 
captured, he will be tried. 

Since the bail can be placed so high that it would be im¬ 
possible to pay it, it is further declared that, 

“Excessive bail shall not be required'" 

Should a justice of the peace or a judge of a lower court 
place the bail too high, an appeal may be made by the ac¬ 
cused person to a judge of a higher court, who will lower it 
should he think it excessive. 

That the suspected person may not be annoyed unduly or 
inconvenienced indefinitely it is required that he shall be 
granted a speedy trial. 8 

Rights at the Trial. An accused person has a right to a 
public trial, that is, any one who wishes may be present. It 
is believed that justice is more likely to be secured in this 
way than if the trial were held privately, the public being 
excluded. 

The person has a right to a trial by an impartial jury se- 


\Artide I, section 8 (in part). *Article I, section 6. * Article I, section 7. 



112 


THE STATE GOVERNMENT OF WISCONSIN 


lected from the county or district in which the crime was 
committed. In the days of monarchies, judges appointed#and 
paid by the king were often very unjust in the punishment 
which they meted out to accused persons. The trial by jury 
was developed in England for the purpose of securing great¬ 
er fairness. A jury commonly consists of twelve persons 
chosen in such a way that they will be impartial. The ac¬ 
cused is held guilty only when all twelve agree. The person 
can not be taken to some other part of the State to be tried. 
This is in the interests of justice and convenience. However, 
if the person thinks the judge is prejudiced or a fair jury 
can not be secured, he can have a change of venue to an¬ 
other county or district. The accused has a right to his own 
lawyer , if he so desires. If he is too poor to pay for one, the 
judge appoints one for him, and he is paid by the county. 
Should the accused wish, he may conduct his own trial, but 
a lawyer familiar with the law and the methods of proced¬ 
ure, is much preferred. In England, during early times an 
accused person was not allowed to have an attorney while 
the state employed the best lawyers against him. The Bill 
of Rights make such injustice impossible in Wisconsin. The 
accused not only has the right to know the nature of the ac¬ 
cusation against him, but he has a right to meet his accusers 
face to face in court, listen to the charges made against him, 
and cross-examine the opposing witnesses. He is also per¬ 
mitted to subpoena witnesses , that is compel anyone who 
may know anything about the crime to come into court and 
testify, so that the facts may be fully known. While an 
accused person may himself take the witness stand and 
testify he can never be made to do so. 1 

Rights After Trial. The law which defines a crime also 


'Article I, sections 7 and 8. 



THE DECLARATION OF RIGHTS 


113 


gives the punishment for each offense. It commonly states 
the greatest and the least fine or imprisonment to be im¬ 
posed, and then leaves it to the judge to fix the penalty be¬ 
tween the limits set. In times past the king’s laws provided, 
not only heavy fines, but most cruel and inhuman punish¬ 
ments, such as whipping, torturing, maiming, breaking on 
the wheel, drawing and quartering and even burning at the 
stake. These were inflicted until only a few centuries ago. 
They are prohibited in Wisconsin by the Constitution 
which declares that excessive fines shall not be imposed, nor 
cruel, and unusual punishment inflicted. 1 Should the law be 
too severe the judge may declare it unconstitutional and re¬ 
fuse to enforce it. No such case, however, has ever arisen 
in the State. 

And, finally, a person cannot be tried twice for the same 
offense. When a person charged with a crime is once tried, 
the case is settled. He cannot be subjected to a second trial 
as was possible in times past. Of course, if the jury disagrees 
he may be tried before another jury, or the case may be ap¬ 
pealed to a higher court. In either instance it is often called 
“a new trial,” but the statement is incorrect. It is simply the 
same trial continued. 

Laws Must Be Respected. It is clear that the framers of 
our Constitution did all within their power to guard our 
rights. With such minute provisions protecting both the in¬ 
nocent and accused it would seem impossible to interpret 
the Constitution and the laws in such a way as to endanger 
the public peace and good order. Shrewd lawyers, too often, 
measure their success by the number of cases they win rath¬ 
er than the amount of justice secured. This should not be. 
Every citizen is a guardian of the law and should not permit 


'Article I, section 6. 



114 


THE STATE GOVERNMENT OF WISCONSIN 


either the statutes or the Constitution to be violated. To en¬ 
sure success in a democracy every one must realize the truth 
of the concluding clause of our Bill of Rights. 

“The blessing of a free government can only be main¬ 
tained by a firm adherance to justice, moderation, temper- 
ence, frugality and virtue, and by frequent recurrence to 
fundamental principles.” 1 

REVIEW QUESTIONS 

1. What are the fundamental principles upon which democratic institu¬ 
tions rest? 

2. What is the Bill of Rights? 

3. Why is it desirable to have a Bill of Rights in a Constitution? 

4. What are the rights of a law-abiding citizen? State how each is pro¬ 
tected. 

5. What are the rights of an accused person? Describe how each is pro¬ 
tected. 

PRACTICAL POINTS 

1. What would you do if you were imprisoned without a warrant? 

2. In what ways do you enjoy the freedom of speech? 

3. Do you exercise the freedom of worship? If so, what good does it do 
you? What good does it do others? 

4. Do you enjoy the right of private property? 

5. How should a citizen use his property? 

6. How does the law take care of a person when he tries to harm you? 

7. Have you ever been present at a trial? Would you like to see one? 
Can you do so? Try it. 

8. What is your duty respecting the rights of others? 

REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter VII, pp. 
30-36. 

2. Constitution of Wisconsin—Wright, Discussion of Article I. 


Article I, section 22. 



XU. THE STATE BOUNDARIES 


For several reasons the boundaries of the State must be 
very carefully described. Other states are concerned, peo¬ 
ple’s rights are involved, and the geographical limits of our 
State government are thus set. Only those who reside within 
the boundaries are protected by our Bill of Rights. It is in¬ 
teresting to take a map and trace the boundaries as stated 
in Article II, section 1, of our State Constitution. 

Because Wisconsin was the last of the five states organized 
out of the Northwest Territory, she secured much less terri¬ 
tory than was originally planned. This is made clear by a 
comparison of a map of the original Northwest Territory 
with one of the State. The southern boundary of the State 
was originally intended to be a line drawn due west from the 
southern end of Lake Michigan including the great city of 
Chicago and what is now the best part of northern Illinois. 
The eastern boundary was to include the norther peninsula 
of Michigan, with its rich copper and iron deposits. And 
the northwest boundary w r as to have followed the Mississippi 
River to its source and then a line drawn due north from 
that point which would have included the great iron mines 
of northeastern Minnesota. But when Illinois entered the 
Union in 1818 she was allowed, by Congress, to fix the nor¬ 
thern boundary at 42° 30' north latitude which gave her a 
large and fertile tract of land including what is now the 8ity 
of Chicago. When Michigan became a state in 1836 she was 
granted what is now “the northern peninsula” which natur¬ 
ally belongs to Wisconsin. And by making our northwest 


115 


116 


THE STATE GOVERNMENT OF WISCONSIN 


boundary, the St. Croix River, the rich iron lands at the head 
of Lake Superior were reserved for the State of Minnesota. 1 
Still, enough territory has been left to comprise a State 
larger than England, which in several lines of economic and 
political activity, already assumes a positon of first rank 
among her sister commonwealths. 

REVIEW QUESTIONS 

1. Name the states that bound Wisconsin. 

2. What rivers constitute a portion of her boundary? 

3. What lakes form a portion of her boundary? 

4. What did we lose by the restrictions of our state boundaries? 

PRACTICAL POINTS 

1. Give the constitutional boundary of the State. 

2* Draw a map showing the present boundaries of the State, also the 
boundaries we desired. 

3. Why is it so necessary to fix exactly our State boundaries? 

4. What is the area of our State? How does it compare with Illinois, with 
Michigan, with Minnesota? 

5. What is the present population of the State? 


‘See Article II, section 1. 



XUI. THE VOTERS 


Its Importance. In a democratic state the government is 
in the hands of the people. As we have already observed in 
our study of the town, the village, the city and the country, 
this is true in Wisconsin. In theory, and it is quite true in 
fact, the voters represent those who do not exercise the suf¬ 
frage. Knowing that the voters would possess the most vital 
influence in shaping the policy and promoting the welfare of 
our commonwealth it was agreed that their qualifications 
should be carefully stated in the Constitution itself. To still 
further guard this important power from abuses, certain dis¬ 
qualifications are likewise enumerated. 

Qualifications of Voters. Each voter must possess the fol¬ 
lowing three qualifications. He must be twenty-one years of 
age; a resident of the State at least one year next preceding 
the election; and of the election district where he offers to 
vote such time as may be prescribed by the Legislature, not 
to exceed thirty days. In addition to these four general 
qualifications he must also possess one of the three follow¬ 
ing: he must be a citizen of the United States, either native 
born or naturalized; or a person of Indian blood who has 
once been declared by an act of Congress to be a citizen of 
the United States even though a later act released him from 
citizenship; or a civilized person of Indian descent not a 
member of any tribe. 1 

The general qualification that a voter be twenty-one years 
of age was made for the purpose of excluding children who 
lack in knowledge or judgement. That the general suffrage 


'Article III, section 1. 


117 



118 


THE STATE GOVERNMENT OF WISCONSIN 


was, so long, confined to male persons was due to historical 
causes. In times past the men who fought in the king’s army 
demanded and finally secured the right to a voice in the 
affairs of state. At that time women were kept in the home 
and considered unworthy of education. At present women 
are educated and are taking on important responsibilities 
outside the home and very properly have been given the 
right to vote by the Nineteenth Amendment to the United 
States Constitution. In many foreign countries the right has 
also been granted them. If a person is a resident of 
the State for a full year next preceding the election, he 
is provided an opportunity to become informed upon the 
political questions at issue and the position and personal 
worth of each of the various candidates who are up for elec¬ 
tion. His spirit of loyalty to the State is also likely to be 
greater. For similar reasons a person should reside in the 
election district a certain number of days. The Legislature 
has taken advantage of the power granted it and fixed the 
necessary residence at ten days. This provision also makes 
it more difficult for persons to commit the serious offense 
of voting in two different districts during a given election. 

All persons of foreign birth must now be citizens of the 
United States in order to vote in Wisconsin. Until 1912, 
the state constitution required foreigners simply to declare 
their intentions to become citizens of the United States, 
or to take out their first papers, as it is called, in order 
to vote. But now they must also go into open court and there 
renounce their allegiance to any foreign power and swear 
their allegiance to the United States, or in other words, take 
out their second papers, before they are permitted to vote. 
It takes at least five years for a foreigner to become natur¬ 
alized. This gives him an opportunity to become acquainted 
with our democratic institutions. 


THE VOTERS 


119 


With the Indians we have been very liberal. During 
territorial days the Stockbridge Indians, who then lived on 
the east shore of Lake Winnebago, at their own request, 
were made citizens of the United States by Act of Congress. 
After a time a part of them asked to go back to their savage 
mode of life and re-establish their tribal organization, and 
Congress permitted them to do so. Nevertheless, a clause 
was placed in our Constitution granting them the privilege 
to vote the same as if they were civilized. A person of Indian 
blood is also granted the right to vote whenever he ceases 
to be a member of a tribe and becomes subject to the State 
laws—provided, of course, he also possesses the four general 
qualifications. 

The Constitution grants to the Legislature the right to ex¬ 
tend the suffrage, at any time, to persons not now enjoying 
it; but any law making such provision must first be submit¬ 
ted to the people at a general election and be approved by 
a majority of all the votes cast at such election. 1 In accord¬ 
ance with this method, the qualifications were changed in 
1912 requiring all voters to be citizens; and at another time 
a proposed extension of the suffrage to women was defeated. 

Disqualifications of Voters. A person may possess all the 
qualifications enumerated above and yet, for certain rea¬ 
sons, be denied the suffrage. A person under guardianship 
or who is idiotic, or insane, is not permitted to vote. He who 
is unable to govern himself should not assist in governing 
the State. A person so lawless as to be convicted of felony 
or treason is denied the right to vote.* Felony is a crime the 
punishment for which is imprisonment in the State peniten- 


‘Article III, section 1. 
’Article III, section 2. 



120 


THE STATE GOVERNMENT OF WISCONSIN 


tiary. Treason is levying war against one’s country or giv¬ 
ing its enemies aid and comfort. But should a person con¬ 
victed of either otfense be pardoned by the Governor then he 
is restored to civil rights and may vote again; otherwise he 
can never do so. 

To take part in a duel is a most serious offense and any 
person engaging in one, either directly or indirectly, is for¬ 
ever denied the right to vote or hold office in Wisconsin. 

The Legislature has also taken advantage of powers grant¬ 
ed it and denies the right to vote to any person convicted 
of bribery or of having anything to do with a bet made 
upon the outcome of the election. It is quite proper that 
a person guilty of selling his vote, or gambling upon election 
returns should be denied the privilege of taking active part 
in the affairs of government. 1 

Do you not think it wise to refuse incompetent persons 
the privilege of voting and to deny those who have been 
proven to be law breakers of the opportunity to elect officers 
and to have a part in making and enforcing laws? 

Registration of Voters. The suffrage is not fully safe¬ 
guarded when the qualifications of voters are carefully stat¬ 
ed. It is important that only those who possess the qualifi¬ 
cations shall be permitted to vote, and each one be permitted 
to vote but once. In towns and villages the voters are gener¬ 
ally known, so there is little chance for dishonesty; but in 
cities, where the population is constantly changing, there is 
greater opportunity for abuse. So the law provides that in’ 
cities containing more than a certain specified population 
the voters must register. It provides that sometime before 
each election several days shall be set apart for the registra¬ 
tion. The inspectors of election act as registration officers. 


Article III, section 6. 



THE VOTERS 


121 


The names of voters are printed and posted for public in¬ 
spection. Should a voter be unable to register before elec¬ 
tion he may “swear in” his vote; that is at the time he casts 
his ballot on election day, he may state under oath that he 
possesses the qualifications to vote. 

The Nomination of Candidates. If the people are to be 
fairly represented in a republic, the voters must have a very 
direct control over the selection of the nominees for the dif¬ 
ferent offices; for if all the candidates are undesirable, it 
makes little difference which one is chosen on election day. 

The primary election system has been provided to meet 
this need. Nominations for offices in our larger cities, and 
for those voted upon at the November Election are made by 
this direct system. Any person wishing to become a candi¬ 
date for an office must secure a certain number of signa¬ 
tures to a petition and file it with the clerk of the political 
unit a certain number of days before the primary election. 
Then his name is printed upon the ballot to be used at the 
election. The Primary to nominate the candidates for the 
“general election” is held on the first Tuesday in September, 
that is, some two months before the election. 

On Primary Election Day all voters go to the polls. Each 
one upon entering the polling place receives the primary 
ballot of each party, proceeds to the booth and marks the 
name of the candidate on his party ballot whom he prefers 
to be the nominee for each office to be filled. In this way each 
voter is given the right to express his preference for the 
nominee for each office, for example, county clerk, secretary 
of state or governor. Any person receiving a majority of the 
votes cast becomes the party nominee and his name is placed 
upon the election ballot. 

Non-partisan candidates such as those for judicial offices, 
for county and state superintendent of schools, are not nom- 


122 


THE STATE GOVERNMENT OF WISCONSIN 


inated by the primary election method but by filing “nom¬ 
ination papers.” These are petitions signed by a certain 
number of voters, requesting the name of the nominee to be 
placed upon the official election ballot. 

In the smaller local units, the towns, the villages and the 
smaller cities, where there is little opportunity or occasion 
for abuse or corruption, the voters of each party commonly 
meet a week or ten days before the election and in a caucus 
decide upon their candidates for office. 

The Election. Seven officials are in charge of each elec¬ 
tion—three inspectors, two election clerks, and two ballot 
clerks. In towns the three supervisors act as inspectors of 
election, while in villages and cities all the election officers 
are appointed from the two leading political parties. The 
Australian ballot is used. The names of all the nominees 
for each office are thus officially printed upon a single sheet. 

The voter upon entering the election booth gives his name. 
If it is found upon the registry it is checked off by the elec¬ 
tion clerks, and the ballot clerks hand him a ballot. He then 
proceeds to one of the compartments so that no one can ob¬ 
serve him and marks his ballot by placing a cross after the 
name of the nominee he prefers for each office. He then 
folds his ballot and hands it to the inspector in charge of the 
ballot box, again gives his name and passes out. 

Should the person’s right to vote be challenged, he is 
placed under oath and required to answer certain questions 
relative to his qualifications. Each political party has the 
right to appoint two “challengers” who remain in the elec¬ 
tion booth for the purpose of challenging any one whom 
they believe to be unqualified to vote. 

The Canvass. As soon as the polls are closed the officials 
canvass the election returns. The number of persons voting 
as indicated in the registry, and the number of ballots are 


THE VOTERS 


123 


first counted to see that they are the same. The votes re¬ 
ceived by each nominee are then counted and the result an¬ 
nounced. A statement of the result is filed with the town, 
village or city clerk as the case may be. 

A copy of the votes cast for the candidates for county, 
State and United States offices (if there be any) is sent to the 
county clerk. When the reports have arrived from all the 
local units the county clerk and two other officers constitut¬ 
ing the county board of canvassers, tabulate the returns 
showing the total number of votes cast for each nominee in 
the county. 

A statement of the votes cast for each nominee for the 
State office is reported to the Secretary of State. He, to¬ 
gether with the Attorney General and the State Treasurer 
constitute the State board of canvassers. They tabulate the 
returns from the various counties and determine the number 
of votes cast for each nominee and announce the result. As¬ 
sembly, senatorial and congressional districts, each has its 
own board of canvassers. The successful candidates are 
given certificates of election as official evidence of their elec¬ 
tion. These are filed with the clerk of the political unit in 
which the person holds office. 

Protection against Corrupt Practices. To make certain 
that each voter expresses his own independent choice 
through his suffrage, not only is the Australian ballot em¬ 
ployed and the polls carefully guarded, but the law provides 
strict regulations to be followed by each candidate for office 
and by those who conduct his campaign. The amount of 
money to be used is not only limited, but it can be spent only 
for legitimate purposes. The amount used nnd the purposes 
for which it is spent must be itemized and reported under 
oalh. It is unlawful for a candidate to promise to appoint 
a certain person to office if elected. And no candidate or 


124 


THE STATE GOVERNMENT OF WISCONSIN 


campaign committee is permitted to pay for any service 
rendered upon election day. The law is very complete and 
has done much to protect the independence of the voter. 

The Recall of Officers. Finally, to still further extend the 
power of the voters over the officers elected, the laws permit 
the recall of certain officials. The officer must be permitted 
to hold office for six months. If he is then thought to be un¬ 
desirable and a petition is signed by a sufficient number of 
voters demanding the election of a successor, a special elec¬ 
tion must be called. The name of the officer is placed upon 
a ballot together with that of one other person. The one re¬ 
ceiving the highest number of votes is elected. Should this 
be the official he simply continues in office; should the op¬ 
ponent be successful, he takes the place. 

The Initiative and Referendum. In the local units the 
voters are also permitted to exercise their influence directly 
upon legislation by the use of the initiative and referendum. 
Should a legislative body of a town, a village, a city or a 
county refuse to consider desired legislation, the voters may 
have the measure framed, and by a petition signed by the 
proper number of voters, compel its introduction. Since 
they can not force the body to consider it, the referendum 
is also allowed. This permits the voters to decide by vote 
whether or not a measure shall become a law. It makes no 
difference whether it has passed the legislative body or not. 
The referendum is also employed to veto undesirable legis¬ 
lation when passed by a legislative body. 

Safeguards of the Suffrage. With such care taken to se¬ 
cure wise and patriotic voters; to guard their right to cast 
an honest and independent ballot; to ensure the selection of 
desirable nominees; to place the officer after his election un¬ 
der the control of the voters; and to provide the short term 


THE VOTERS 


12C, 


which makes easy the prompt change of undesirable ollicials 
the people are fairly represented and the voter may rightly 
be held responsible for the success of the government. 

REVIEW QUESTIONS 

1. Why is suffrage so important? 

2. What are the qualifications of voters? 

3. What are the disqualifications? 

4. Why must voters register in the larger cities? 

5. How are candidates nominated for office? Why are they so nomi¬ 
nated? 

6. Who has charge of an election? 

7. How does a person vote? 

8. How is it determined who is elected? 

9. What is the Corrupt Practice Act? What are some of its important 
provisions? 

10. What is the recall? the initiative? the referendum? 

11. What are the duties of a voter? 

PRACTICAL POINTS 

1. Do you possess any of the qualifications of a voter? If so, which? 
Which do you lack? 

2. Examine a registration list, or a polling list. 

3. Secure copies of nomination blanks. 

4. Secure a sample of a primary election ballot and study it. 

5. Get an Australian ballot and examine carefully its form. 

6. If possible, visit a village, town or city election. 

7. Hold a mock primary, and election. 

8. How many voters in your town, village, ward or precinct? How many 
voted at the last election? 

9. Should voters be fined for failing to vote without good cause? 

10. Should women vote? Why? 

REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter XIII, pp. 
90-98. 

2. Civil Government of Wisconsin—Wilgus, Chapter VI, pp. 99-109. 

3. Government of Wisconsin—Wright, Discussion of Article III. 

4. Essentials of Civil Government—Gillan and Hewitt, p.95. 



The Wisconsin Assembly 
Capitol at Madison 














XIV . THE LEGISLATIVE DEPARTMENT— 
ITS ORGANIZATION 


Reason for a Republic. Because of the extent of territory 
and the very large number of voters it is impossible for all 
of them to assemble at the State capitol to make the laws. So 
Wisconsin, of necessity, is a representative democracy, or a 
republic as it is commonly called. The voters elect certain 
of their number who go to Madison and make their laws for 
them. These representatives comprise the Legislature. 

The Two Houses. The Constitution provides that: 

“The legislative power shall he vested in a Senate and .4 s- 
semblg.” 1 

The Legislature, organized into two houses instead of 
one, compels a longer time and greater publicity in the 
passage of bills. This gives members, and the public, 
opportunity to study each measure and determine its influ¬ 
ence upon the social welfare before it becomes a law. The 
freest possible discussion is essential to the making of good 
laws. Then, too, because of the difference in view point, 
each house often acts as a check upon the other. In organ¬ 
izing the two houses Wisconsin followed the example of the 
United States Government, and, the older states which by 
experience had already proven the efficiency of the plan. 

Membership of the Houses. “The number of the members 
of the Assembly shall never be less than fifty-four, nor more 
than one hundred. The Senate shall consist of a number 


‘Article IV, section 1. 


127 



128 THE STATE GOVERNMENT OF WISCONSIN 

not more than one-third, nor less than one-fourth of the 
number of the members of the Assembly.” 1 

It is for the general good that all classes and all parts of 
the State are represented in the making of laws. Yet, the law¬ 
making body should not be so large that time is wasted in 
unnecessary debate and delay. With these facts in mind, 
the number of members allowed in each house was limited. 
The Legislature, which has the power to determine the exact 
number, fixed the membership at the maximum in 1862 ,— 
one hundred in the Assembly and thirty-three in the Senate. 
It has remained unchanged ever since. 

The Apportionment. In order that the people may he 
fairly represented in the making of laws, the hundred As¬ 
semblymen and thirty-three Senators are equally distributed 
over the State. The process of dividing the State into Assem¬ 
bly and Senate districts is called apportionment. The ap¬ 
portionment is made by the Legislature. The basis is popu¬ 
lation, wealth or area never being taken into consideration 
as has been done in some European states. Since the popu¬ 
lation is constantly changing—increasing or decreasing and 
moving about within the State—it is necessary to make a 
new apportionment often. A new one is made every ten 
years, at the first session following each census of the United 
States. 2 This census is taken during the years ending in 
zero. The number of people to be represented by each As¬ 
semblyman is determined by dividing the population of the 
State, thus determined by one hundred; and the number to 
be represented by each Senator is found by dividing the 
population by thirty-three. The Assembly districts, must be 
bounded “by county, precinct, town or ward lines” and 


Article IV, section 2. 
s Article IV, section 3. 



THE LEGISLATIVE DEPARTMENT 


129 


“consist of contiguous territory, and be in as compact 
form as practicable Contiguous territory is composed 
of one piece, rather than several scattered parts. An 
Assembly district may consist of a part of a county, as is 
true in the city of Milwaukee; or of an entire county, or of 
two or more entire counties joined together. But when a 
county is divided into two or more districts, town, ward or 
precinct lines must be followed. In densely populated cities, 
wards are often divided for voting purposes into precincts. 

Senate districts are likewise composed of contiguous terri¬ 
tory, and no Assembly district can be divided in making a 
Senate district. Maps of the Assembly and the Senate dis¬ 
tricts are printed in the Wisconsin Blue Book. 

The Election of Legislators. Any person wishing to be¬ 
come a candidate for Assemblyman in his district must 
obtain a certain number of names signed to a petition. If it 
is filed with the proper official thirty days before the prim¬ 
ary election then his name will be printed upon the primary 
election ballot of his party. The voters of the district as¬ 
semble at their respective places of election upon Primary 
Election Day and select, or nominate, their party candidates.* * 

Upon the first Tuesday after the first Monday in the follow¬ 
ing November the election is held. The voters then meet at 
their places of election and, using the Australian ballot, each 
vote for the nominee he prefers to have represent him in the 
Assembly. The person receiving the highest number of votes 
is declared elected. 

Should a defeated candidate have reason to believe that 
the person winning the election is not qualified, or that 
the election has not been conducted in accordance with 


‘Article IV, section 4. 

*For the details, see page 121. 




130 THE STATE GOVERNMENT OF WISCONSIN 

law, he has a right to contest the election. He does this 
by notifying the successful candidate of his intentions. 
Each then furnishes the Assembly when it meets with the 
evidence supporting his position, and the house decides the 
case. 

State Senators are nominated and elected by the vot¬ 
ers of the Senate districts in the same manner and on the 
same days as the Assemblymen are nominated and elected 
in the Assembly districts. A defeated candidate for the Sen¬ 
ate, also, has the privilege of contesting an election. This 
is provided by the Constitution which declares that, “Each 
house shall be the judge of the elections, returns and quali¬ 
fications of its own members ” l 

The Qualifications of Members. The Constitution says 
that, “No person shall be eligible to the Legislature, who 
shall not have resided one gear within the State and be a 
qualified elector in the district which he may be chosen to 
represent .” 2 At present, as we have observed, a person 
must reside within the State a year before he is permitted 
to vote. So the qualifications of members may be ex¬ 
pressed by simply stating that they must be voters in the 
district from which they are elected. It was thought wise 
to require the legislator to live in the district which he 
represents for he would then be better informed as to its 
needs and more concerned about furthering its interests. 
Of recent years this requirement has been criticised on the 
ground that it causes the legislators to place the interests of 
their section above the interests of the State as a whole and, 
also, that it often makes it impossible to place our ablest 
men in the Legislature. 


Article IV, section 7. 
a Article IV, section 6. 



THE LEGISLATIVE DEPARTMENT 


131 


A member of Congress, or a person holding any other 
office under the United States (except postmaster), or under 
any foreign power is likely to be influenced thereby and so 
is very properly denied the right to be at the same time, a 
member of the Legislature. 1 

The Term of Members. The term of office for Assembly- 
men is two years, so there is a new Assembly every second 
year. There is nothing to prevent the re-election of an as¬ 
semblyman as many times as the voters of the district think 
wise. Many members remain in the Legislature for years. 

The term of Senators is four years. Half of them go out 
of office every two years. The Senate districts are num¬ 
bered, from one to thirty-three, as is shown in the Blue Book, 
and the Senators are chosen alternately from the odd and 
even numbered districts. Since half the members hold over 
from one Legislature to the next the Senate is a continuous 
body. Senators, like Assemblymen, may be repeatedly re¬ 
elected. 

Vacancies may occur in either house caused by death, 
resignation, expulsion, or acceptance of a United States 
office; and when they do occur, the governor, by official 
order, calls a special election in the district where the 
vacancy exists. The person elected holds office only for the 
remainder of the term. 

The Pay of Members. Each member of the Legislature re¬ 
ceives for his services $500 for each regular session and 
ten cents a mile in going to and returning from the capital 
by the most usual route. The speaker of the house is 
allowed $500 in addition for his services as such. In case 
of an extra session no additional compensation is allowed 
the members except mileage, which is the same as for a 


‘Article IV, section 13. 



132 


THE STATE GOVERNMENT OF WISCONSIN 


regular session. The Constitution further provides that 
no stationery, stamps, newspapers or other perquisites 
shall be received from the State by any member. But should 
you know any person who has been a member of the Legis¬ 
lature ask him to describe his “plunder box.” The compen¬ 
sation of a legislator, like that of other public officers, can 
not be increased, or diminished during his term of office. 

The Privileges of Members. When the people were first 
gaining their right to take part in the making of their own 
laws, it was not uncommon for the king to keep the repre- 
setatives from attending legislative meetings by imprisoning 
them upon petty charges; or to prevent them from express¬ 
ing their opinions freely while at the meetings by arresting 
them when they dared to criticise him, as Charles I of Eng¬ 
land attempted to do in 1642. 

To make sure that the persons selected by the voters of 
our Assembly and Senate districts should have a fair oppor¬ 
tunity to represent them, the members of the Legislature are 
guaranteed several important rights by the Constitution. 
First, they are privileged from arrest during their entire 
term of office except for treason, felony, and breach of the 
peace. Treason and felony have already been defined 2 and 
breach of the peace is disturbing the public order, such as 
attacking a person with the intent of doing him bodily harm. 
A person who violates the law to such an extent is unfit to 
represent the people and participate in the making of laws, 
the object of which is to preserve order. 

No civil process may be issued against a member of the 
Legislature during the session nor for fifteen days before it 
begins or after it closes. 1 By a civil process a person is taken 


Article IV, section 15. 2 See page 119. 



THE LEGISLATIVE DEPARTMENT 


133 


into court in order to enforce a right or redress a wrong, 
such, for example, as the payment of a debt. This right also 
is granted to enable the member to be present at all the 
meetings. 

In order that perfectly free discussion of measures and 
men may be had, that the best possible laws may be enacted 
and appointments made, the members of the Legislature are 
freed from any civil action or criminal prosecution what¬ 
ever, for words spoken in debate. 1 They are subject simply 
to the rules of their own house. By these three means, the 
representatives of the voters are enabled fully and freely to 
perform their duties. 

But assuring their presence in the Legislature is not suffi¬ 
cient, each member should give his undivided attention to 
the interests of the people he represents. The Legislature 
has the power to create offices and to fix the salaries of offi¬ 
cers. To prevent a member from devoting his time to fur¬ 
thering his own selfish political interests, the Constitution 
provides that he shall not accept any civil office which shall 
have been created or the emoluments of which shall have 
been increased during the term for which he was elected. 2 
And, it is further provided that if any member of the Legis¬ 
lature should be elected to Congress, or be appointed to any 
office, civil or military, under the government of the United 
States, his acceptance thereof shall vacate his seat in the 
Legislature. 3 This prevents his dividing his attention be¬ 
tween his duties to the State and to the United States and 
more especially using his position in the Legislature to assist 
in making laws favorable to the Federal Government. 


‘Article IV, section 16. ‘Article IV, section 12. ‘Article IV, section 13. 



134 THE STATE GOVERNMENT OF WISCONSIN 

For years members of the Legislature, as well as other 
public officials were granted free passes by the railroads, 
and franks by the telegraph and express companies. In re¬ 
turn the legislators were expected to favor railroads and 
other companies, often against the best interest of the people 
whom they represented. To prevent such an unjust influ¬ 
ence being brought to bear in favor of certain classes, the 
Constitution was amended, in 1902, prohibiting members of 
the Legislature, along with other public officials, from using 
free passes on railroads, and frank privileges of telegraph 
or express companies. 1 So every precaution has been taken 
to make the legislators serve the interests of the people they 
represent. 

The Sessions of the Legislature. The Constitution pro¬ 
vides that, “The Legislature shall meet at the seat of govern¬ 
ment, at such times as shall be provided by law, once in two 
years, and no oftener, unless convened by the Governor in 
special session; and when so convened, no business shall be 
transacted except as shall be necessary to accomplish the 
special purposes for which it was convened** 2 

For thirty-three years annual sessions of the Legislature 
were held, but this proved unnecessary and so, in 1881, the 
Constitution was amended changing the meetings to once in 
two years. Each regular session now begins at 12 o’clock, 
noon, on the second Wednesday of January of each odd- 
numbered year. The meetings are held at Madison in the 
Assembly and Senate chambers of the capitol building. The 
session lasts until all necessary business is transacted which 
is often well into the following summer. To permit members 
to return home and take care of their necessary business it 


Article XIII, section 11. 

2 Article IV, section 11. 



THE LEGISLATIVE DEPARTMENT 


135 


is customary, especially during the fore part of each session, 
for the Legislature to adjourn weekly over Saturday and 
Sunday. But to prevent unnecessary delay the Constitution 
provides that “Neither house shall, without the consent of the 
other, adjourn for more than three days” 1 

The Organization of the Two Houses for Business. When 
the members of the Legislature meet at Madison at noon on 
the second Wednesday of January of the odd-numbered 
year, they proceed at once to organize the two houses for 
business. In the Senate the Lieutenant-Governor, who is ex- 
officio president of that house, takes the chair and calls the 
members to order. The new members then take the oath of 
office, required of public officers, and swear or affirm that 
they will support the Constitution of the United States, and 
the Constitution of the State of Wiscansin, and faithfully dis¬ 
charge the duties of their office to the best of their ability. 
The Senate is then ready for business. It proceeds by elect¬ 
ing a president pro tempore to act as presiding officer in the 
absence of the Lieutenant-Governor; a chief clerk who is re¬ 
sponsible for keeping the minutes of the meetings, or the 
journal of the proceedings; and a sergeant-at-arms whose 
duty it is to preserve order and compel the attendance of 
absent members when ordered to do so by action of the Sen¬ 
ate. 

The Assembly is not a continuous body, as is the Senate, 
so it must organize anew at the opening of each session of 
the Legislature. This is done by the chief clerk of the previ¬ 
ous Assembly calling the meeting to order and then reading 
a certified list of the members-elect, which has been handed 
him by the Secretary of State. The members then advance 
to the clerk’s desk and take the oath of office. Roll-call 


’Article IV, section 10. 



136 


THE STATE GOVERNMENT OF WISCONSIN 


follows and if a quorum is found to be present, the house 
proceeds to elect its officers. The Speaker is first chosen. 
This is often a spirited contest, sometimes covering several 
days. As soon as the speaker is chosen he is conducted to 
the chair and then takes charge of the meetings. A clerk 
and a sergeant-at-arms are next elected and word is sent to 
the Senate that the Assembly is organized. A joint commit¬ 
tee composed of members appointed by each house, waits 
upon the Governor and informs him that the Legislature is 
organized and ready to receive any communication from 
him. The Governor sets a time, within the next day or so, 
when he will present his message to them. The message is 
usually read by the Governor at a joint session of the two 
houses held in the Assembly chamber. 

Of the officers in the Senate the only one who is a member 
of the body is the president pro tempore , and of those in the 
Assembly the speaker is the only member. In addition to 
the regularly elected officers in each house there are many 
others who are usually appointed such as a post-master, 
doorkeepers, enrolling, transcribing, engrossing and com¬ 
mittee clerks, and numerous messengers, or pages. None 
of these are members. 

Quorum to do Business. In each house a quorum, that is 
a sufficient number to do business legally, consists of a ma¬ 
jority, or more than one-half, of the members elected. In 
other words in the Assembly fifty-one members must be 
present before business can be done; and in the Senate, sev¬ 
enteen. However, a smaller number may adjourn from day 
to day and compel the attendance of absent members by 
sending the sergeant-at-arms to arrest them. 1 

Publicity. The Legislature is a representative body and 


x Article IV, section 7. 



THE LEGISLATIVE DEPARTMENT 


137 


the people who are represented have a right to know what is 
being done. To provide the public with the necessary in¬ 
formation, each house is supposed to keep a journal of its 
proceedings and publish the same; and the doors of each 
house are to be kept open, except under unusual conditions 
when the public welfare requires secrecy. Reporters of the 
daily papers are admitted to the sessions, and are shown 
many courtesies. By entering either house and observing 
the business being done; by having access to the published 
minutes; and by reading the reports in the newspapers 
every individual has an excellent opportunity to keep well 
informed upon the doings of the Legislature. Such general 
publicity has proven one of the greatest safe-guards against 
bad legislation. 

The Keeping of Order. It is of course necessary to pre¬ 
serve order in the legislative chamber, especially when busi¬ 
ness is being done. Therefore the Constitution gives each 
house power to punish any person for contempt or disorder¬ 
ly behavior; and, with the consent of two-thirds of all mem¬ 
bers elected, expel a member; but no member can be ex¬ 
pelled a second time for the same cause. 1 Any person, 
whether a member or some one else, may be charged with 
“contempt” and punished if his conduct, while in the cham¬ 
ber, is such as to interrupt its proceedings; or if he re¬ 
fuses to appear before a committee, or before the house it¬ 
self, and give testimony on any subject when ordered to do 
so; or attempts to bribe or threaten a member in order to 
influence his vote; or if he should attempt to arrest a mem¬ 
ber in violation of his privilege from arrest as guaranteed by 
the Constitution. The punishment may be either fine or 
imprisonment. Any person imprisoned for contempt is 


’Article IV, section 8. 



138 


THE STATE GOVERNMENT OF WISCONSIN 


placed in the Dane county jail, at Madison, but the sentence 
cannot extend beyond the close of the session of the Legis¬ 
lature. 

Should a member refuse to obey the rules of the house he 
is a fit subject for punishment, and should he become so 
notoriously bad as to endanger the reputation of the entire 
body he may be expelled. But this power, which could be 
easily abused for political purposes, is doubly guarded. In 
order to expel a member two-thirds of the members elected 
must agree; and if the expelled member should be re-elect¬ 
ed, he can not be expelled a second time for the same of¬ 
fense. 

Order of Business. Each house is granted the right to 
determine the rules of its own' proceedings. The order 
of business in each house, nevertheless, is much the same. 
The customary order, as stated in Robert’s Rules of Order, 
is followed somewhat closely. When the house convenes 
each day, which is commonly at ten o’clock in the morn¬ 
ing, roll call is the first order of business; the journal 
is then corrected; and the house is ready for the reception 
of reports on resolutions and bills demanding revision; then 
follows the introduction of new resolutions and bills, and 
petitions and communications; the reports of standing and 
special committees; communications from the Governor 
and from the other house; the consideration of motions and 
resolutions; bills to be engrossed, to be ordered to a third 
reading, and those ready for a third reading; the session 
closes with the consderation of any business of a special 
order. A daily calendar following the above order is pre¬ 
pared by the clerk of each house, printed and furnished 
each member at least twenty-four hours before the business 
is to be taken up which gives each member time to study 
the bills and resolutions before they arise. 


THE LEGISLATIVE DEPARTMENT 


139 


Methods of Voting’. The common method of voting in the 
Legislature is by acclamation, that is, all who favor a motion 
say “aye” and those opposed “no.” If it is difficult for the 
presiding officer to decide which side has a majority, or a 
division is called for, a “rising vote” is taken, those voting 
on each side then stand and are counted. Rut it is well 
known that the members vote more carefulh when they 
know their votes are to be made a matter of record so that 
any one may know at any time in the future, just how they 
have voted. In order to make them thus careful it is pro¬ 
viding in the Constitution that “77ze yeas and nays of the 
members of either house, on any question, shall, at the re¬ 
quest of one-sixth of those present be entered on the jour¬ 
nal” l When the “yeas and nays” are taken, the clerk calls 
the roll and each member present in response to his name 
votes for or against the measure. An electrical device 1 is 
now employed in the Assembly by which each member regis¬ 
ters bis vote by simply pressing a button at his desk. This 
lessens very greatly the time necessary to record the votes of 
the members. 


REVIEW QUESTIONS 

1. Why did we establish a republic in Wisconsin? 

2. How many houses comprise the Legislature? Give the advantages of 
this organization. 

3. How many members comprise each house? 

4. Why and how are they apportioned? 

5. When and how are the members nominated and elected? 

6. What qualifications must they possess? 

7. What compensation do members of the Legislature receive? 

8. What privileges do they enjoy? 

9. When and where does the Legislature meet? 

10. How does each house organize for business? What officers are elected 
in each? 


‘Article IV, section 20. : See picture of Assembly, page 126. 



140 


THE STATE GOVERNMENT OF WISCONSIN 


11. How many members must be present to do business in the Senate? in 
the Assembly? 

12. Why should the people know what is being done in the Legislature? 
How can they get the information? 

13. How is order kept in each house? 

14. What is the “daily calendar”? How is the order of business deter¬ 
mined? 

15. How do members vote? Is there any way of recording their vote? 
If so, how is it done? 

PRACTICAL POINTS 

1. When was the last census taken in the State? What was the popula¬ 
tion? 

2. When was the last apportionment made? 

3. According to the last apportionment, what was the ratio for Assembly 
districts? for Senate districts? (See Blue Book.) 

4. What political divisions comprise your Assembly district? What is 
its population? 

5. Who is your Assemblyman? 

6. What is the number of your senatorial district? 

7. What political divisions comprise your Senatorial district? What is 
the population? 

8. Who is your Senator? When was he elected? 

9. When was the last regular session of the Legislature held? 

10. What were some of the important laws enacted? 

11. Bo the people have sufficient interest in the Legislature? Why? 

REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter VIII, pp. 
37-43. 

2. Civil Government of Wisconsin—Wilgus, Chapter V, pp. 58-69. 

3. Constitution of Wisconsin—Wright, Discussion of Article IV. 

^4. Essentials of Civil Government—Gillan and Hewitt, p. 83. 


XV. THE WORK OF THE LEGISLATURE 


The Power to Make Laws. Of all legislative bodies in the 
political organization of the United States, the State Legisla¬ 
ture holds a unique position. The school meetings, town 
meetings, village boards of trustees, city councils and the 
county boards, which we have already studied, may exer¬ 
cise only such powers as are expressly delegated to them by 
the State Legislature; and Congress can exercise only such 
powers as are delegated to it by the Constitution of the 
United States. The Legislature, on the other hand, has the 
power to enact laws upon all subjects except (1) those de¬ 
nied it by the State Constitution; (2) those denied it by the 
United States Constitution; (3) and those which are re¬ 
served exclusively for Congress. The Legislature exercises 
what are called “residuary” powers, while the other law 
making bodies exercise only “delegated” powers. 

Limitations upon the Legislature. The powers granted 
exclusively to Congress have been determined, in many in¬ 
stances, only by submitting the questions to the United 
States Supreme Court, and it is difficult to state them in de¬ 
tail. But speaking generally, it may be said that Congress 
exercises exclusive jurisdiction over matters which concern 
the United States as a whole, as, for example, the regulation 
of commerce between the states and with foreign nations; 
the declaration of war and the making of peace; and the es¬ 
tablishment of post offices and post roads. 

The Constitution of the United States places two kinds of 
restrictions upon the State Legislature; absolute, in which 


141 



The Wisconsin Sena 

Capitol at Madison 
















THE WORK OF THE LEGISLATURE 


143 


case it denies the Legislature the right to exercise the power 
at all; and conditional , in which case it may exercise the 
power only with the consent of Congress. 

Under no circumstances is a state permitted to enter into 
a treaty, alliance or confederation with another country. It 
can not make coin or paper money or declare anything but 
gold and silver legal tender. It is not permitted to pass any 
bill of attainder, ex post facto law or law impairing the ob¬ 
ligation of contract. Nor can it grant any title of nobility. 

Only when Congress gives consent is a state permitted to 
levy and collect an import or export duty, except when ab¬ 
solutely necessary to enforce her inspection laws. And then 
it is done only under very direct supervision of the Federal 
government. Nor can a state keep troops or ships of war in 
time of peace or engage in war except in self-defense. Other 
restrictions of less importance also are made.* 

The Constitution of Wisconsin places three kinds of re¬ 
strictions upon the Legislature. First it prohibits the enact¬ 
ment of certain laws. It denies the power to enact measures 
which, if passed, would deprive the citizens of their essential 
rights, such as ex post facto laws, bills of attainder and 
many others which we have already studied in the Bill of 
Rights. Then, too, in order to save the time of the Legisla¬ 
ture and to ensure justice to everyone the enactment of cer¬ 
tain special laws is prohibited. 

“The Legislature is prohibited from enacting any special 
or private laws in the following cases: 1st. For changing 
the name of persons or constituting one person the heir-at- 
law of another. 2nd. For laying out , opening or altering 


’See United States Constitution, Article I, section 10. 



144 


THE STATE GOVERNMENT OF WISCONSIN 


highways except in cases of State roads extending into more 
than one county, and military roads to aid in the construc¬ 
tion of which lands may be granted by Congress. 3d. For 
authorizing persons to keep ferries across streams, at points 
wholly within this state. Uh. For authorizing the sale or 
mortgage of real or personal property of minors or others 
under disability. 5th. For locating or changing any county 
seat. 6th. For assessment or collection of taxes or for ex¬ 
tending the time for collection thereof. 7th. For granting 
corporate powers or privileges, except to cities. 8th. For 
authorizing the apportionment of any part of the school 
fund. 9th. For incorporating any city, town or village, or 
to amend the charter thereof . m 

To protect the funds and the reputation of the State, the 
Legislature is denied the right to give or lend its credit in 
aid of any individual, association or corporation; or author¬ 
ize any lottery. Many of the states have lost large sums of 
money, and even repudiated their debts, by lending their 
credit, or “going security” for private individuals and cor¬ 
porations. 

The second class of restrictions which the State Consti¬ 
tution places upon the Legislature provide that certain laws 
must be passed. For example, the Legislature must provide 
general laws for the transaction of any business that may be 
prohibited in section 31, quoted above, and all such laws 
must be uniform in their operation throughout the State. 
The legislature must provide one system of town, of village, 
of city, and of county government, to be as uniform as prac¬ 
ticable throughout the State. And the Legislature must di¬ 
rect by law in what manner and in what courts, suits may be 


Article IV, section 1. 



THE WORK OF THE LEGISLATURE 


145 


brought against the State. Other less important laws must 
also be enacted but these are sufficient to illustrate the na¬ 
ture of the restriction. 

The third class of restrictions placed upon the Legislature 
by the Constitution are such as limit the methods of enact¬ 
ing certain kinds of laws. The raising and spending of 
money was greatly abused by many of the states shortly be¬ 
fore Wisconsin entered the union. This general extrava¬ 
gance for internal improvements had much to do in causing 
the crisis of 1837. In view of this unhappy experience it was 
natural and wise that the framers of our State Constitution 
should carefully guard the financial powers of the Legisla¬ 
ture. 

Besides providing that €, the rule of taxation shall he uni¬ 
form” and that, no money shall be paid out of the treasury, 
except in pursuance of an appropriation by law, the Consti¬ 
tution provides that the current expenses must be met by 
the annual income. If in any year they exceed the income 
the deficit must be made up by an increased tax the follow¬ 
ing year. 

Extraordinary expenses may be incurred in time of peace, 
but at no time must the debt for such purposes exceed 
$100,000. The law authorizing the debt must state speci¬ 
fically the purpose for which it is allowed and provide for 
its payment in five years. 

To repel an invasion or suppress an insurrection it is nec¬ 
essary that any amount of money may be borrowed. But for 
the consideration of all financial measures three-fifths of all 
the members elected to each house are required to constitute 
a quorum and the names of those voting for and against it 
must be recorded on the journal. 1 


'Article VIII, sections 4-8. 



146 THE STATE GOVERNMENT OF WISCONSIN 

It may seem that with all these limitations little oppor¬ 
tunity is left for legislative action. But if one should ex¬ 
amine a copy of the Revised Statutes consisting of several 
thousands of pages, and read the laws that are at present in 
force, he would appreciate the seemingly unlimited powers 
which our Legislature still exercises. 

The Making of Laws. Resolutions which express simply 
an opinion may be passed by either house of the Legislature, 
or both together, but only bills properly enacted have the 
force of law. A bill may originate in either house of the Leg¬ 
islature and, being passed by one house, may always be a- 
mended by the other. In order to constantly remind the 
members of the Assembly and Senate that they are but the 
servants of the people, the Constitution provides that every 
law must begin with the words, “The people of the State of 
Wisconsin, represented in Senate and Assembly, do enact as 
followsr 

The Appointment of Committees. To enact bills into laws 
is the chief business of the Legislature. In order that the 
process may be rapidly and wisely carried on and only the 
best possible laws past, the committe system is employed. 

The rules of each house name the permanent or “standing 
committees” to be appointed. They are designated by the 
nature of the bills to be considered by them, as the committee 
on Education, to which is referred all bills having to do with 
our schools; the committee on Agriculture which considers 
all bills relating to farming; or the committee on Taxation, 
which is required to receive all measures which relate to the 
levying of taxes. There are about a half dozen permanent 
committees in the Senate and twenty to twenty-five in the 
Assembly. They are composed of from three to eleven mem- 


1 Article IV, section 17. 



THE WORK OF THE LEGISLATURE 


147 


bers, there always being an odd number. Each member of 
the Assembly and the Senate is on at least one committee 
and may serve on two or three. 

At the beginning of the Legislative session the Speaker 
of the Assembly appoints the members of the standing com¬ 
mittees, always taking care that the chairman and a major¬ 
ity of each committee belong to his party. In the Senate the 
members of the committees are elected. There are several 
joint committees, composed of both Assemblymen and Sen¬ 
ators, the Finance Committee being a good illustration. 

Committees usually meet each afternoon during the ses¬ 
sion, each in a room provided for the purpose. The bills 
to be considered at each meeting are announced before hand 
and any person may appear before the committee, at the 
appropriate time, and discuss the measure under considera¬ 
tion. The committee may conduct investigations and, if it 
so desires, compel persons to appear before it and give in¬ 
formation upon any measure. 

The Passage of Bills. A bill is “introduced” by a member 
rising to his feet, at the time the introduction of bills is in 
order, and saying, “I ask leave to introduce a bill.” He then 
sends it to the Chief Clerk’s desk by one of the messenger 
boys. The Clerk reads aloud the title of the bill—which is 
a statement of its purpose,—and the presiding officer an¬ 
nounces “First reading of the bill.” Immediately, the clerk 
repeats the title and the presiding officer announces, “Sec¬ 
ond reading of the bill.” 

It is then referred to the appropriate committee by the 
presiding officer, unless the house, by vote, determines 
which shall receive it. The bill is now printed for gen¬ 
eral distribution and a copy is furnished each member 
of the legislature which gives him opportunity to study 


148 


THE STATE GOVERNMENT OF WISCONSIN 


it. The committee has power to modify the bill in any 
way it sees fit; or, it may leave it unchanged. If, finally, 
the committee is opposed to the measure it will make no re¬ 
port at all, or it will recommend the bill for “indefinite post¬ 
ponement.” If, on the other hand, it approves the measure, 
it will report the bill “for passage.” If there is a division of 
opinion in the committee, the minority* may submit a sep¬ 
arate report While the committee’s opinion has great 
weight with the house, it by no means follows that the house 
will act in harmony with the recommendations made. The 
report of the committee is made to the house, and it is 
printed in the journal. 

The bills reported for passage are placed on the calen¬ 
dar under the heading, “Bills Ready for Engrossment.” 
When, in the order of business, a bill under this head 
is reached it is discussed and possible amendments are 
made. The presiding officer then puts the question, “Shall 
the bill be engrossed and read a third time?” If the vote is 
in the negative, the bill is lost; but if in the affirmative it is 
referred to the Committee on Engrossment , which makes a 
typewritten copy so that it contains no interlineations oi 
erasures. It is then returned to the house and referred to 
the Committee on Third Reading. Upon being reported back 
“correct” by it, the bill is placed upon the calendar under the 
heading, “Bills Ready for Third Reading.” When, in the or¬ 
der of business, the bill is reached it is read a third time, 
which is by title, unless it is an appropriation bill and some 
member requests that it be read in full. If the request is made 
it must be so read. Then the presiding officer puts the ques¬ 
tion, “Shall the bill pass?” and the vote is taken. If the house 
passes the bill it is certified by the clerk as evidence that it 
has been lawfully enacted and sent to the other house where 
it passes through a similar process. If a bill is amended dur- 


THE WOEK OF THE LEGISLATUEE 


149 


ing its passage through the second house the amendment 
must be approved by the first house. 

When a bill has passed both houses of the Legislature it 
is signed by the Speaker and the Chief Clerk of the Assembly 
and the President of the Senate and is then sent, by messen¬ 
ger, to the Governor. If he approves the bill, he signs it, but 
if not, he returns it, with his objections, to that house in which 
it originated, which enters the objections at large upon the 
journal, and proceeds to reconsider it. If, after such recon¬ 
sideration two-thirds of the members present, agree to pass 
the bill, it is sent, together with the objections, to the other 
house, by which it is likewise reconsidered, and if approved 
by two-thirds of the members present, it becomes a law. But 
in all such cases the votes in both houses are determined by 
yeas and nays, and the names of the members voting for or 
against the bill, are entered on the journal of each house re¬ 
spectively. If any bill is not returned by the governor within 
six days (Sundays excepted) after it has been presented to 
him, it becomes a law, unless the Legislature by adjourn¬ 
ment, prevent its return, in which case it does not be¬ 
come a law. 1 

There are, therefore, three ways in which a bill may be¬ 
come a law. 1. It may pass the two houses and be signed by 
the Governor. 2. It may be passed by the two houses, be 
vetoed by the Governor, and then be passed over his veto by 
a two-thirds vote of each house. 3. Or, it may be passed by 
the two houses, sent to the Governor, and he fail to return 
it within six days (Sundays excepted) providing the Legis¬ 
lature continues in session. 

When a bill becomes a law it is filed with the Secretary of 
State for permanent reference. He gives it a chapter head- 


VArticle V, section 10. 



150 


THE STATE GOVERNMENT OF WISCONSIN 


ing and publishes it, and it goes into effect immediately, 
unless the law itself provides otherwise. At the close of each 
session of the Legislature, all the laws passed during that 
session are printed in one volume know as the Statutes or 
the Session Laws. At every Legislative session not only are 
new laws enacted, but old ones are repealed and others are 
amended. The “Revised Statutes” is a volume containing 
all the laws in force at the time it is issued. 

Powers of Each House Separately. The Assembly may im¬ 
peach any civil officer in the State for corruption in office or 
for crime. The Senate tries the case. The Senate also has 
the right to ratify important appointments made by the Gov¬ 
ernor . 1 

REVIEW QUESTIONS 

1. What powers may be exercised by the State Legislature? 

2. What limitations are placed upon the powers of our State Legislature? 

3. Why are committees appointed in the Legislature? What committees 
are appointed? What powers do they have? 

4. Trace the steps in the passage of a bill from the time it is introduced 
until it becomes a law. 

5. What are the Session Laws? What are the Revised Statutes? 

PRACTICAL POINTS 

1. Visit, if possible, a session of the Legislature at Madison. 

2. What standing committees were appointed at the beginning of the last 
session of the Legislature (See Manual or Directory of either House). 

3. What were some of the important laws passed by the last session of 
the Legislature? 

4. How much did the last session of the Legislature cost the state? 

5. Why is it more difficult for Legislators to enact just laws today than 
ever before? 

REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter IX, pp. 
45-51. 

2. Essentials of Civil Government—Gillan and Hewitt, p. 83. 

3. The Government of Wisconsin—Wilgus, pp. 67-69. 


Article VII, section 1. 


f 



XV/. THE EXECUTIVE DEPARTMENT 


The Governor. It is not sufficient to make laws, even 
though they be ever so just. They must be enforced. When 
laws are being enacted, the wisdom of many is desired so 
our Legislature is composed of many members; but when 
laws are being'enforced, promptness of action is desired so 
one man is in charge of the Executive Department. If laws 
are being violated, quiet and quick action must be taken in 
order to catch the law breaker. The experience of all civil¬ 
ized countries has proven that this is best secured by hav¬ 
ing a single executive, rather than a board or committee. 
Consistent with this principle, the Constitution of Wisconsin 
provides that “The executive power shall he vested in a gov¬ 
ernor.” 1 

Qualifications. No one should be permitted to exercise 
the important powers of Governor who is not a thoroughly 
patriotic citizen, deeply interested in furthering the ideals 
of our democratic form of government. More especially 
should he be thoroughly loyal to the highest interests of our 
State. Therefore the Constitution very properly provides 
that “No person except a citizen of the United States and a 
qualified elector of the State shall he eligible to the office of 
governor.” This makes it impossible for a foreigner to be¬ 
come Governor of this State until he has been in this country 
at least five years and in the State at least one year. It is 
presumed that a citizen will always be patriotic. Prior to 


‘Article V, section 1 (in part). 


151 



m 


m r 



The Executive Chamber 

The Governor, Lieutenant Governor, Secretary of State, State Treasurer and Attorney-General 






































THE EXECUTIVE DEPARTMENT 


153 


1912 a foreigner could vote before taking out his second pa¬ 
pers but since that date, as we have already seen, he must 
have taken out both his papers and resided in the State one 
year before exercising the right to vote. Therefore, at pres¬ 
ent, any voter in the State of Wisconsin may be Governor. 1 

The Election and Term. The Governor is elected by the 
voters of the State for a term of two years. Candidates for 
the position circulate petitions and secure the necessary 
signers some time before the primary election which is held 
the first Tuesday in September, the even numbered years. 
The voters of each party determine by vote at the primary 
which of those seeking nomination on their ticket shall be 
their candidate at the general election. The general election 
is held on the first Tuesday after the first Monday in Novem¬ 
ber of the same year. The person receiving the highest num¬ 
ber of votes is elected Governor. But if two or more should 
tie, having the highest number, then the two houses of the 
Legislature at their next regular session, held in January, 
must as soon as they are organized for business proceed to 
determine, by joint ballot, which one of the persons shall be 
Governor. No such tie has ever occured nor is such a situa¬ 
tion likely to arise. 

The Governor’s term of office begins the first Monday in 
January following his election. He is inaugurated at the 
State capitol by formally taking his oath of office, pledging 
to support the Constitution of the United States and of the 
State and to faithfully perform the duties of his office. The 
oath is administered to him by the Chief Justice of the Sup¬ 
reme Court. The ceremony is public and is often very im¬ 
posing. The Governor is furnished beautiful office rooms in 


’Article V, section 2. 



154 THE STATE GOVERNMENT OF WISCONSIN 

the capitol building. They are known as “The Executive 
Chamber.” Here he performs his principal duties. 

Vacancies. Vacancies may occur in the office of Governor 
either temporarily or permanently. A temporary vacancy 
occurs when the Governor goes outside the State; when he is 
impeached, or when he is out of his right mind, or so ill 
that he is unable to attend to the duties of his office. A per¬ 
manent vacancy occurs in case of death; resignation; or 
when the impeachment charges, presented by the Assembly 
are found at his trial by the Senate, to be sufficient grounds 
for his removal from office. 1 

However, in time of war the Governor may, with the con¬ 
sent of the Legislature, go out of the State to command the 
State troops and still retain his authority as commander-in- 
chief of the military and naval forces of the State. With the 
exception of this one possible instance, the Lieutenant Gover¬ 
nor serves as Governor receiving five dollars a day for his 
services when filling a temporary vacancy and the full salary 
of the Governor when filling the vacancy permanently. 
Should both the Governor and Lieutenant Governor be un¬ 
able to serve as chief executive then the Secretary of State 
acts as Governor. 

The Compensation. The Governor receives for his ser¬ 
vices a salary of $5,000 a year. Before 1869 he was paid but 
$1,250 annually but in that year the Constitution was amend¬ 
ed fixing the salary at the present amount which at the time 
was thought sufficient to enable him to live in proper style. 

Besides his salary, the Governor is furnished an executive 
mansion, which is located on Gilman Street in Madison, 
overlooking Lake Mendota. The building and grounds are 


*Article V, section 7. 



THE EXECUTIVE DEPARTMENT 


155 


kept up at the expense of the State. During recent years the 
Legislature has also been in the practice of voting the Gov¬ 
ernor an annual contingent fund of about $2,000. From this 
he is expected to pay his expenses when attending official 
functions, and meet the cost of official receptions, and simi¬ 
lar public functions. 

The Powers and Duties of the Governor. They are many 
and also very important. Some of them are strictly execu¬ 
tive, others are legislative in their nature and still others 
judicial. 

The Executive Duties are the most important. The Gov¬ 
ernor must see that the laws are faithfully executed. In this 
work he is assisted by numerous local officers, such as the 
sheriffs of the counties, the mayors of the cities, the presi¬ 
dents of the villages, the chairmen of the towns and the con¬ 
stables elected in all the primary local units, they being em¬ 
powered to enforce the laws of the State as well as those of 
their own local division. 

While these officers are found in every community of the 
State, still the laws are frequently violated. This is due in 
part to the fact that assistants are not appointed by the gov¬ 
ernor but elected locally by the very people who are fre¬ 
quently the guilty parties. Some of our states employ state 
police to enforce their state laws. The results have been 
quite satisfactory. Should not Wisconsin employ such a 
system? As Chief Executive, the Governor may offer 
rewards for the capture of criminals. He may order the 
Attorney-General to bring suit against any person or cor¬ 
poration whom he thinks to be injuring the property or 
encroaching upon the rights of the State. He is authorized 
to inspect State institutions such as the school for the deaf, 
for the blind, the hospitals for the insane, and the State 


156 


THE STATE GOVERNMENT OF WISCONSIN 


prison and insist that they be administered according to the 
laws of the State. 

The Governor Has the Power of Appointment , and also the 
power to remove certain officers and fill vacancies. Should 
a State or county officer, except a judicial officer, fail to per¬ 
form his duty, the Governor may remove him, giving him a 
copy of the charges against him and an opportunity to be 
heard in his own defense. Vacancies which occur are like¬ 
wise filled by the Governor for the unexpired term, except a 
few which for special reasons are filled otherwise, as the 
county superintendent of schools, which position is filled by 
the State Superintendent of Public Instruction. 

The Legislature has conferred upon the Governor, from 
time to time , power to appoint officers and members of com¬ 
missions or boards, some with and others without the con¬ 
sent of the Senate. In this way the Governor exercises, in¬ 
directly, not a little authority over officers who assist him in 
the enforcement of laws. 

The Governor is Commander-in-Chief of the military and 
naval forces of the State. The Legislature has provided that 
all able-bodied male citizens between the ages of eighteen 
and forty-five are liable to military service and so constitute 
the militia of the State. Most of the number constitute the 
“unorganized militia” but a small portion of them known 
as the “organized militia” have formed into companies and 
comprise the Wisconsin National Guard. Sixty-four quali¬ 
fied persons living in any county may petition the Governor 
for the privilege of organizing a military company. If the 
petition is granted they are permitted to elect a captain, a 
first and a second lieutenant and, upon being provided with 
arms and supplies at the expense of the State, they must 
drill regularly. The members enlist for a term of three years. 
About thirty-six such companies have been organized. The 


THE EXECUTIVE DEPARTMENT 


157 


law permits the organization of not more than forty com¬ 
panies of infantry; one battery of artillery; one troop of cav¬ 
alry; an adjutant-general’s department which keeps the 
muster rolls, the military records and reports; a quarter¬ 
master-general’s department, which has charge of military 
supplies, including food, clothing, ammunition and guns; 
and a medical department which takes care of the health of 
the members. The “Governor’s staff” consists of the adju¬ 
tant-general, the quarter-master-general, the surgeon-gener¬ 
al, each with the rank of brigadier-general, five aids-de- 
camp with the rank of colonel, and several lower officers. 
The headquarters are in the capitol at Madison where the 
Governor, the adjutant-general and the quarter-master-gen¬ 
eral have offices. The State military reservation is located 
at Camp Douglas. Here each company in the State is re¬ 
quired to drill for one week each summer. 

The Governor, as commander-in-chief, may order out the 
militia to enforce the laws of the State or of the United 
States, or to suppress a riot, rebellion, insurrection, or repel 
an invasion, or to serve in time of war; he may also call them 
out in time of public disaster from flood, fire or tornado. If a 
disturbance should arise and the sheriff of the county thinks 
he will be unable to control it, he calls for aid from the Gov¬ 
ernor, who may order out one or more companies of the 
Wisconsin National Guard. Should the State militia be un¬ 
able to quell the disorder the governor may call upon the 
President of the United States for assistance and he will send 
the army and navy if necessary. 

So the Governor, in order to see that the laws are faith¬ 
fully executed, may remove certain officers who fail to per¬ 
form their duty, fill vacancies, call out the militia of the 
State, and if necessary receive the assistance of the United 


158 


THE STATE GOVERNMENT OF WISCONSIN 


Slates army and navy. This should ensure the enforcement 
of law. 

Legislative Powers. The Governor exercises certain import¬ 
ant powers over the Legislature. He may call it in special 
session at any time he thinks wise. 1 But he must state in the 
call the purpose for which it is convened and the business 
must be confined to the special purpose. 2 And in case of in¬ 
vasion, or danger from the prevalence of contagious disease 
at the capital, he may convene the Legislature at any con¬ 
venient place within the State. 3 

It is the Governor’s duty to deliver a message at the begin¬ 
ning of each session of the Legislature. In it, he describes 
the condition of the State and recommends such matters for 
their consideration as he may deem expedient. 4 He also 
influences legislation by sending special communications 
during the session giving his views upon measures before 
the Legislature, or recommending subjects for consideration. 

As already observed in our study of the Legislative De¬ 
partment, the Governor, through the veto power, exercises 
no little control over the making of laws. By the use of his 
authority to call the Legislature in special session for the 
consideration of certain measures; by the submission of reg¬ 
ular and special messages; and by the exercise of the power 
to sign and veto bills, the Governor influences legislation to 
no small degree. 

Judicial Powers. The Governor’s judicial powers are 
varied. Although permitted to exercise authority over the 
organization of the Judicial Department to the least possible 
degree, still the Governor exercises certain important judi- 

1 Article V, section 4. 

2 Article IV, section 11. 

*Article V, section 4. 

4 Article V, section 4. 



THE EXECUTIVE DEPARTMENT 


159 


cial powers. He is given “the power to grant reprieves, com¬ 
mutations, and pardons, after conviction, for all offenses 
except treason and cases of impeachment, upon such condi¬ 
tions and with such restrictions and limitations as he may 
think proper, subject to such regulations as may be provided 
by law relative tojhe manner of applying for pardons .” l 

A reprieve delays the execution of a sentence for a time. 
A commutation changes a sentence to one less severe. A par¬ 
don stops the punishment and restores the criminal to his 
civil rights. The steps to be taken in making application 
to the Governor for a pardon are carefully prescribed by 
law. The district attorney who prosecuted the case and the 
judge who presided at the trial must be notified; and in or¬ 
der that others interested in the case may know that an ef¬ 
fort is being made to secure a pardon a copy of the appli¬ 
cation must be published in a newspaper of the county 
where the case was tried. The Governor receives petitions 
and usually holds a hearing before making a decision. Jus¬ 
tice is thus secured. As a check upon the abuses of his pow¬ 
er, the Governor is obliged to report to the Legislature at 
each session each case of reprieve, commutation, or pardon 
granted, stating the name of the convict, the crime for which 
he was convicted, the sentence and its date, and the date of 
the commutation, pardon, or reprieve with his reasons for 
granting the same. 2 

Since such a report simply discourages abuses, but in no 
way prevents them, it frequently has been advocated that 
the Governor should be denied the right to exercise such im¬ 
portant powers. Do you think the suggestion is a wise one? 

The Governor is denied the power to act in cases of im- 


‘Article V, section 6. 
’Article V, section 6. 



16© THE STATE GOVERNMENT OF WISCONSIN 

peachment, for if he possessed the authority to pardon, com¬ 
mute or reprieve in such cases, he might free political associ¬ 
ates who have got into trouble. In cases of treason, he 
has only the authority to suspend the execution of the sen¬ 
tence until the next session of the Legislature when it may 
either pardon the accused person or commute the sentence, 
or grant a further reprieve or order the execution of the 
sentence. 1 

Although the Governor has no authority in cases of im¬ 
peachment, and only power to suspend sentence in cases of 
treason; and although he can act in other cases only after 
the party has been duly convicted, and within limitations 
prescribed by the Legislature, still his judicial powers are 
very important. Can he not pardon all who are now in our 
State prison? 

Finally, the Governor represents the State in all its 
business with the United States and with other states, and 
he transacts all State business with local or State officers un¬ 
less some other officer is expressly named to perform the 
service. 

The Lieutenant Governor. The Lieutenant Governor is 
elected by the voters of the State at the same time; for the 
same term; and in the same manner as the Governor. Since, 
in case of a vacancy, he must serve as governor, he must, 
also, possess the same qualifications. 

The Lieutenant Governor is president of the State Senate. 
He calls that body to order, and presides over its business 
sessions; but not being a member, he has no right to discuss 
questions, nor can he vote except in case of a tie. 

Since he has little to do when the Legislature is not in ses¬ 
sion, his salary is small—only one thousand dollars a year 


‘Ai^iele V, section 6. 



THE EXECUTIVE DEPARTMENT 


161 


Should the Governor be unable to perform his duties the 
Lieutenant Governor, as we have already learned, serves 
in his place. 

When the Lieutenant Governor acts as Governor or for 
any other reason is not able to serve as President of the Sen¬ 
ate, the president pro tempore presides. But being a mem¬ 
ber of the Senate, unlike the Lieutenant Governor, he may 
speak and vote upon any question before the house. 

REVIEW QUESTIONS 

1. Why is one person made responsible for the enforcement of law? 

2. What are the qualifications of the Governor? 

3. How is the Governor nominated and elected? 

4. What is his length of term? 

5. How may vacancies in the office occur? How are vacancies filled? 

6. What is the compensation of the Governor? 

7. What executive powers does the Governor exercise? What legislative? 
What judicial? 

8. When is the Lieutenant Governor elected? How long is his term? 
What are his qualifications? What is his salary? 

9. What are his duties? 

PRACTICAL POINTS 

1. Who is the Governor of the State? Who is the Lieutenant Governor? 

2. To what political party do they belong? When were they elected? 

3. Do you know of any State law which has been enforced in your neigh¬ 
borhood? If so who enforced it? 

4. Is there a military company in your county? If so, when does it drill? 
Has it ever been called out for service? If so, for what? 

REFERENCES 

1. Government of Wisconsin—Wilgus, pp. 75-78. 

2. The Government of Wisconsin—James and Sanford, Chapter X, pp. 
52-59. 

3. Essentials of Civil Government—Gillan and Hewitt, p. 85. 

4. The Constitution of Wisconsin—Wright, Discussion of Article V. 


XVII. THE ADMINISTRATIVE DEPARTMENT 

The Nature of the Department. The Administrative De¬ 
partment is very closely related to the Executive Depart¬ 
ment. The officers comprising the latter are commonly 
obliged to employ force, or a show of authority, in perform¬ 
ing their duty, as, for example, when capturing a criminal; 
while those comprising the Administrative Department 
simply carry out the law in a peaceful manner, as is done 
when the Treasurer receives money belonging to the State, 
or the Secretary of State files a law enacted by the Legisla¬ 
ture. 

The Administrative Department is composed of officers 
and boards. The more important officers are elected, the 
others are appointed; the boards are all appointed. 

The Elective Administrative Officers are four in number: 
the Secretary of State; the State Treasurer; the Attorney 
General; and the State Superintendent. They are elected by 
the voters of the State at the “general election” in November, 
the even numbered years and take their office the first Mon¬ 
day in January following, and serve for a term of two years; 
except the State Superintendent, who is elected at the 
“spring election” the year following leap year, and takes 
office the first Monday of the next July, serving for four 
years. Each officer receives a salary of $5,000 a year. 

The Secretary of State performs many duties. He keeps 
the original copies of the laws passed by the Legislature; and 
all financial records and documents pertaining to the State. 
He issues automobile licenses, charters to corporations, and 


162 


THE ADMINISTRATIVE DEPARTMENT 


163 


receives annual reports from all corporations doing business 
in the State. He keeps the State seal and affixes it to all pub¬ 
lic documents. He audits the accounts of the State and is¬ 
sues all warrants for money drawn from the State Treasury. 

The State Treasurer receives all moneys paid to the State. 
The larger portion is received from taxes, paid by corpora¬ 
tions and individuals. He keeps the money, a portion in the 
vaults in his office and a portion in certain banks designated 
as State depositories, where it draws a small rate of interest. 
He pays out money only when ordered to do so by a warrant 
issued by the Secretary of State. 

The Attorney-General gives legal advice to State officers 
relative to their duties. He serves as the lawyer in all 
suits to which the State is a party, when the case is tried 
in the Supreme Court. He also gives legal advice to district 
attorneys who represent the State in the lower courts. 

The State Superintendent has general supervision of the 
public schools of the State. He makes the courses of study 
for the district, the graded, and high schools. He apportions 
among these schools the moneys for educational purposes 
which come to the State from various sources notable “the 
school fund” 1 and the State school tax. He appoints the 
State board of teachers’ examiners and exercises no little 
authority over the granting of teachers’ certificates. He hears 
appeals involving school questions that may be brought to 
him from school boards, teachers and superintendents. He 
advises county and city superintendents, teachers and school 
officers relative to their work. As state superintendent he is 
a member of the University Board of Regents and of the 
Board of Regents of Normal Schools. He is also required 
to visit the schools of the State and encourage their improve- 


'See Constitution Article X, section 2. 



164 


THE STATE GOVERNMENT OF WISCONSIN 


ment. The task is not only a large but a very important one. 
To assist him he has some sixteen supervisors, some devote 
their time to the high schools, some to the graded schools, 
some to the rural schools, some to the city grades while 
others assist in special phases of educational work. 

The Appointed Administrative Officers are many. The most 
important are the Insurance Commissioner, the Dairy 
and Food Commissioner, the Bank Commissioner, the 
Fire Marshal, the Fish and Game Warden and the Sup¬ 
erintendent of Public Property. Most of them are appointed 
by the Governor and confirmed by the Senate. A few are 
appointed by the Governor alone. Their salaries range from 
$2,500 to $5,000. 

The Insurance Commissioner administers all laws regu¬ 
lating insurance companies doing business within the State. 
He issues to each an annual license to do business, approves 
the form of policies issued, and in general protects the 
rights of the policy holders. Since the State now insures its 
own public buildings and also the lives of its own citizens, he 
is obliged to manage this business and take care of the funds. 

The Dairy and Food Commissioner administers the pure 
food laws, which require the manufacture and sale of pure 
food, dairy products, and drugs, and so protects the people 
against impure, poisonous or unsanitary products. He makes 
chemical analysis of foods suspected of being other than 
claimed by the dealer. 

To protect the public against false weights and measures, 
he is also required to have tested, once each year, every 
weight and measuring appliance in commercial use in the 
State. This work is done by city or State sealers and re¬ 
ported to him. 

The Commissioner of Banking administers all laws rela- 


THE ADMINISTRATIVE DEPARTMENT 


165 


tive to banks and the banking business in the State. The 
State banks are required to make five reports a year to him, 
and the bank examiners carefully investigate each State 
bank at least twice a year. This is for the protection of de¬ 
positors. 

The Fire Marshal administers the laws for protection 
against fires. He requires fire departments in cities to make 
quarterly inspections, and to draft proper fire regulations. 
He collects and publishes the facts regarding the causes of 
fires and the losses due to them within the State. 

The Fish and Game Warden administers the laws for the 
protection of the fish and game of the State. He is assisted 
by a large number of deputy game wardens located in vari¬ 
ous parts of the State. 

The Superintendent of Public Property is in charge of 
the capitol building and the executive mansion and their 
grounds. He supervises the care of them and purchases the 
necessary supplies and equipment, as provided by law. 

Other less important administrative officers are also ap¬ 
pointed. 

The Administrative Boards. There are about forty admin¬ 
istrative boards and commissions. Some have existed since 
the State was organized but many of them have been estab¬ 
lished in recent years for the purpose of securing more effi¬ 
cient administration of important laws. Some have also 
been appointed to further the general welfare of the people 
of the State. In size, the boards vary from three to fifteen 
members. Most of them receive no salary, but those com¬ 
prising the more important commissions are paid as high as 
$5,000 a year. They are generally appointed by the Gover¬ 
nor and confirmed by the Senate. Their terms vary from a 
few months, in case of temporary boards, to eight years, in 


166 


THE STATE GOVERNMENT OF WISCONSIN 


case of some of the permanent ones. The terms of the mem¬ 
bers on permanent commissions commonly expire at dif¬ 
ferent times so as to make the work as efficient as possible. 

It is not necessary to treat here the work of all the boards 
and commissions. Only a few of the more important will 
be considered. 

The State Board of Control manages the State institutions 
which care for the dependent, defective and criminal classes 
of the State. It has charge of the school for dependent child¬ 
ren at Sparta; for deaf children at Delavan; for the 
blind children at Janesville; of the reform school for boys 
at Waukesha; and the state reformatory at Green Bay; of 
the home for feeble-minded children at Chippewa Falls and 
at Union Grove. It has charge of the tuberculosis sanatoria; 
the two hospitals for the insane; and the State prison. It 
appoints the officers in charge of these institutions, pur¬ 
chases all necessary supplies and disposes of all the pro¬ 
ducts raised or made by the inmates. The education and the 
special treatment of the occupants are also carefully attend¬ 
ed to by the Board. 

Besides managing the State institutions the board super¬ 
vises and inspects the county, local and private asylums, 
poorhouses, jails, sanatoria, and hospitals. So, it is doing 
a very important work for us in looking so very thoroughly 
after the needs of our unfortunate classes. 

The State Tax Commission supervises the assessment of 
property and the collection of taxes throughout the State. 
It assesses the property of transportation and communica¬ 
tion companies doing business in the State as well as the in¬ 
comes of all corporations. It supervises the work of assess¬ 
ors of incomes, and advises and, if necessary, assists local 
assessors. Its most important duty is to determine the fair¬ 
est possible means of levying taxes for State and local pur- 


THE ADMINISTRATIVE DEPARTMENT 


167 


poses and recommends to the Legislature such changes in 
the tax laws as are thought desirable. 

The Industrial Commission administers the laws relating 
to employers and employees. With the growth of industry 
the enforcement of factory laws, providing for necessary 
light, heat, pure air; the enclosure of dangerous machinery; 
the limitation of child and women labor becomes increas¬ 
ingly important. By aid of factory inspectors, the Commis¬ 
sion enforces these laws. It is also provided by law that in 
case a workman is injured, due to no carelessness on his 
part, the employer must compensate him or his family. The 
Commission adjusts such claims and sees that they are paid. 
Then, too, the Commission determines the wage necessary 
to maintain a person at a reasonable standard of living, and 
has the power to punish any employer who pays to his em¬ 
ployees less than that amount. It may act as a board of ar¬ 
bitration and mediation to settle disputes arising between 
employers and employees. It also maintains free employ¬ 
ment agencies in different cities of the State which assist em¬ 
ployers to find workers and the unemployed to find posi¬ 
tions. It compiles the Wisconsin Blue Book which contains 
so much valuable information. 

The Railroad Commission administers the many laws 
which regulate our transportation companies such as our 
steam and electric lines; our communication companies such 
as telephones and telegraphs; our express companies, and 
our light, heat and power companies. Such public utilities 
have come to play a very important part in our industrial 
life, and it is quite necessary that they deal fairly with the 
public, employing safety devices, giving good service, charg¬ 
ing reasonable rates and in many other ways respecting the 
rights of the people. Any person who thinks himself unfair¬ 
ly treated by any of the corporations named may appeal to 


168 


THE STATE GOVERNMENT OF WISCONSIN 


the Commission for justice. The Commission also publishes 
the railroad map of Wisconsin which supplies many impor¬ 
tant facts regarding the State. 

The State Highway Commission supervises the laying out 
and construction of State highways. It approves proposed 
county systems which are intended to be a part of the State 
system. It conducts examinations for the office of county 
highway commissioner. Under its influence and direction, 
the liberal appropriations made by the State and local units, 
have already greatly improved the roads throughout the 
State. The farmers are especially benefitted by the change, 
although drivers of automobiles are, too often, led to exceed 
the speed limit. 

The State Board of Health and Vital Statistics performs 
the important duty of guarding the health of the citizens of 
the State. It advises local health officers and individuals 
with reference to water supply, sewage disposal and general 
sanitary conditions. It seeks to remove cause for disease and 
enforces quarantine rules. It distributes free literature on 
the prevention and control of communicable diseases. It 
also makes a record of births and deaths, marriages and di¬ 
vorces, in the State. 

State Boards of Examiners protect the lives, health, and 
rights of the people by examining individuals desiring to 
enter certain professions. A State Board of Law Examiners 
examines all applicants for admission to the bar; a Board of 
Medical Examiners determines the fitness of those desiring 
to practice medicine; a Board of Dental Examiners examines 
and licenses all who are permitted to practice dentistry in 
the State; and a Board of Pharmacy conducts examinations 
and issues licenses to persons desiring to practice pharmacy. 
The last named also enforces the laws restricting the sale of 
poisons, narcotics, and habit-forming drugs. Barbers are 


THE ADMINISTRATIVE DEPARTMENT 


169 


also licensed by a State board, and required to keep their 
shops in sanitary condition. Architects are likewise exam¬ 
ined by a state board and must possess a license before en¬ 
gaging in their profession. 

The Board of Regents of the University of Wisconsin, con¬ 
sisting of fifteen members, has general management of the 
University. The Board receives the appropriations made by 
the Legislature and uses them in the erection of buildings, 
the supplying of equipment, the hiring of professors and 
such other purposes as the law may direct. Under their wise 
management the University is performing a valuable service, 
not only to the youth, but to all the people in the State. It is 
now one of the greatest institutions of its kind in the country. 

The Board of Regents of Normal Schools, consisting of 
twelve members, manages the normal schools of the State— 
at present nine in number. Doubtless a tenth will be estab¬ 
lished soon. It receives the appropriations made by the 
Legislature and employs them as directed by law, securing 
sites for new schools, erecting buildings and securing equip¬ 
ment and instructors. The Normal schools have done much 
to raise the standard of teaching in the State. 

Other Boards and Commissions further the best interests 
of the people of the State. The State Board of Agriculture 
promotes the development of agriculture, dairying and hor¬ 
ticulture. The Live Stock Sanitary Board protects the health 
of farm animals and improves the market for them. The 
State Board of Forestry has charge of our State parks and is 
actively engaged in the development of our forest reserves. 
It also advises individuals regarding timber tracts and farm 
woodlots. The State Board of Immigration seeks to encour¬ 
age desirable farmers, manufacturers and merchants to set¬ 
tle in the State. And the Commissioners of Fisheries raise 


170 


THE STATE GOVERNMENT OF WISCONSIN 


in our State hatcheries and distribute millions of young fish 
annually to our rivers and lakes. 

The Service of the Department. It is difficult to fully appre¬ 
ciate the valuable services rendered the citizens through¬ 
out the State by the officers, boards and commissions com¬ 
prising the Administrative Department. But, after our 
short study, we can realize that they do much to protect our 
lives, our property, our rights; educate our youth; care for 
our unfortunate men, women and children; secure for us 
justice; and promote in many ways the general welfare of 
all our people. Surely, we must number them among our 
most valuable servants. 

REVIEW QUESTIONS 

1. How does the Administrative Department differ from the Executive 
Department? 

2. Of what divisions is the Administrative Department composed? 

3. Name the Elective Administrative officers. When are they elected? 
What is the length of their term? What is their salary? Name the duties 
of each. 

4. Name the important appointive Administrative officers and state the 
duties of each. 

o. Name the principal Administrative Boards and give the duties of each. 

PRACTICAL POINTS 

1. Who is the present Secretary of State? State Treasurer? Atorney- 
General? State Superintendent? 

2. Do you know of any service rendered to your community by any ap¬ 
pointive Administrative officer? by an administrative board? 

3. Can you think of anything that ought to be done for your community 
which is not now being done? 


REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter XI, pp. 
61-72. 

2. Civil Government of Wisconsin—Wilgus, pp. 79-88. 

3. Constitution of Wisconsin—Wright, Discussion of Article VI. 


XV///. THE JUDICIAL DEPARTMENT 


The Need for Courts. In order that the laws may be 
promptly enforced throughout the State, judicial officers 
must be everywhere convenient to issue warrants and con¬ 
duct the necessary trials. To ensure justice in minor cases, 
and to try the more serious offenses, a complete system of 
courts is necessary. Therefore the Constitution provides 
that: 

The judicial power of this State, both as to matters of law 
and equity, shall be vested in a Supreme court, Circuit 
courts. Courts of Probate and in Justices of the Peace. The 
Legislature may also vest such jurisdiction as shall be 
deemed necessary in municipal courts, and shall have power 
to establish inferior courts in the several counties, with limit¬ 
ed civil and criminal jurisdiction . 1 

The Kinds of Courts. The courts may be very properly 
divided into two groups—regular and special. The regular 
courts consist of the Justice Courts; the Circuit Courts; and 
the Supreme Court. The special courts include the munici¬ 
pal courts; the county courts; and the State Senate. One 
judge is in charge of each court, except in the case of the 
Supreme Court and the Senate. 

The Justice Courts are located, as we have already 
learned, in every town, village and city (except Milwaukee) 
throughout the State. This makes them always easy to reach. 
The justices, we remember, have the power to issue war¬ 
rants, summons and subpoenas as well as other less import¬ 
ant legal papers; and may also have authority to conduct 


'Article VII, section 2. 


71 








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THE JUDICIAL DEPARTMENT 


173 


minor civil and criminal trials and to hold preliminary hear¬ 
ings when the offenses are of a more serious nature. 

Police Justices elected in some villages and cities exercise 
powers quite similar to those of the Justices of the Peace, 
except that they are particularly responsible for the trial of 
cases resulting from the violation of the village or city ordi¬ 
nances. 

Municipal Courts are established in cities and counties 
when the judicial work is too great in amount and serious 
in nature to be performed by the Justice Courts. It was with 
the expectation, that in some parts of the State this need 
would arise that the framers of the Constitution gave to the 
Legislature the power to establish municipal and inferior 
courts whenever it was though wise. Since the courts are 
special in nature, each being located only when and where 
it is needed and given such powers as is thought best, they 
do not comprise a system as do the justice and circuit courts. 
They are special courts. 

The County Courts, one located in each county of the 
State, have already been studied. Because their chief duty 
is the settlement of estates of deceased persons and the ap¬ 
pointment of guardians for minors, they are known in some 
states as Probate Courts or Orphans’ Courts. Instead of es¬ 
tablishing Municipal or inferior courts to relieve the Justice 
and Circuit Courts it is now quite common for the Legis¬ 
lature to grant County Courts jurisdiction over certain civil 
and criminal cases. The jurisdiction of each court is grant¬ 
ed by special act and therefore is not at all uniform through¬ 
out the State. For this reason the courts are known as spe¬ 
cial courts. 

The Circuit Courts —Their Organization. The State is 
divided into twenty or more circuits as is shown by a map 
in the Blue Book. The size of each circuit is determined by 


174 THE STATE GOVERNMENT OF WISCONSIN 

the amount of judicial business to be done. Milwaukee 
county comprises one circuit (with six judges) the remain¬ 
ing circuits include two or more counties, a single judge be¬ 
ing selected for each. The Legislature may change the cir¬ 
cuits at any time, but it is always obliged to bound them by 
county lines . 1 

A Circuit judge must be twenty-five years of age, a citizen 
of the United States, and a qualified voter of the circuit. He 
can hold no other than a judicial office during his term. 
His compensation is fixed by the Legislature. 

Election of judges takes place the first Tuesday in April, 
each judge being chosen by the voters of his own circuit 1 for 
a term of six years. A judge may be removed from office in 
two ways, by impeachment or by address. Vacancies are 
filled by the Governor who appoints some one to act until 
a successor is elected and qualified. The person elected 
serves for the unexpired term . 2 

As stated in the discussion of the County government, two 
sessions of Circuit Court are held annually at the county seat 
in each county. The law fixes the exact dates. The sheriff, 
the district attorney, and the clerk of the district court, elect¬ 
ed in each county, attend the sessions held in their county. 
The sheriff, as we have seen, takes charge of prisoners and 
juries and executes the orders and serves the writs of the 
court; the district attorney acts as the attorney for the State 
in all criminal cases and represents the county in all civil 
suits to which it is a party. The clerk of the circuit court 
keeps a record of all cases and other legal matters which 
come before the court. 

The Powers of the Circuit Court may be grouped under 


Article VII, sections 6, 7. 
’Article VII, sections 1, 9. 13. 



THE JUDICIAL DEPARTMENT 


175 


four heads. 1. It has a supervisory control over the inferior 
courts, such for example as the justice courts. 2. It has ap¬ 
pellate jurisdiction over all inferior courts and tribunals, 
that is, cases may be appealed to it from the lower courts. 
3. It has original jurisdiction in all matters civil and criminal 
within the State, unless especially excepted by the Constitu¬ 
tion or the laws. This permits the court to admit to original 
trial a large class of important cases. 4. It has the right to 
issue the writ of habeas corpus, which commands a party 
imprisoning another person to appear before the court and 
show cause why the person should not be set free; man¬ 
damus, which commands an officer to perform his duty; in¬ 
junction, which orders a party to do or to refrain from doing 
a specified thing that otherwise would result in an injury 
which could not be repaired; and quo warranto , which calls 
upon an individual or corporation to show by what authori¬ 
ty he or it is exercising certain powers; and the writ of cer¬ 
tiorari, which compels a lower court to transfer a case to a 
higher court for trial; it also has the power to issue any other 
writs necessary to carry into effect its orders, judgments and 
decrees. 1 

The Supreme Court —Its Organization. The Supreme 
Court is the highest court in the State. It is composed of a 
chief justice and six associate justices, the chief justice being 
the member who has been longest in office. 

To be a justice of the Supreme Court one must be twenty- 
five years of age, a citizen of the United States and a qualb 
fled voter of the State. He can hold no other office during 
his term. 

Justices are chosen by the electors of the State, at the 
spring election, not more than one being elected each year. 
The term is for ten years. Vacancies may occur in the same 


‘Article VII, section 8. 




176 THE STATE GOVERNMENT OF WISCONSIN 

way and are filled in the same manner as in the case of cir¬ 
cuit judges. The salaries are fixed by the Legislature. 

The sessions of the Court are held in the beautiful Su¬ 
preme Court room in the Capitol at Madison. Two sessions 
are held each year, one beginning in January and the other 
in August. Four justices must be present in order to do busi¬ 
ness. A majority of the justices elected determine the de¬ 
cision of the court; a minority opinion is often rendered by 
one or more judges. 

The Powers of the Supreme Court are stated by the Con¬ 
stitution as follows: 

The Supreme court, except in cases otherwise provided in 
this Constitution, shall have appellate jurisdiction only, 
which shall he co-extensive with the State; but in no case 
removed to the Supreme Court shall a trial by jury be al¬ 
lowed. The Supreme Court shall have a general superin¬ 
tending control over all inferior courts; it shall have power 
to issue writs of habeas corpus, mandamus, injunction, quo 
warranto, certiorari; and other original remedial writs, and 
to hear and determine the same. 1 

Experience has proven the wisdom of limiting the original 
jurisdiction of the Supreme Court. Since it is very import¬ 
ant that the credit of the State be kept high, in order that it 
may borrow money at a low rate of interest, justice must be 
assured to its creditors. So the Legislature is required to 
direct in what manner and in what court suits may be 
brought against the State. It has provided that the Supreme 
Court shall have original jurisdiction in all such cases. 

In all other suits the case must begin in a lower court and 
an appeal made to the next higher and so on until it reaches 
the Supreme Court. The case may be taken from one court 
to the next higher on a “writ of error.” This is granted in 


Article VII, section 3. 



THE JUDICIAL DEPARTMENT 


177 


case the judge was unfair in his rulings, or the trial was not 
conducted according to law, or the court which tried the case 
had no jurisdiction over it. When the Supreme Court hands 
down its interpretation of law, its decision is final. In a very 
true sense, therefore, the Supreme Court may be said to 
some times make law. Since it also renders final decision up¬ 
on cases involving the Constitution itself it may in quite as 
true a sense be said to sometimes amend the State Consti¬ 
tution. 

The power to exercise a general superintending control 
over inferior courts gives the Supreme Court much author¬ 
ity over the administration of justice throughout the State. 
In no sense can this power be said to be abused. Since the 
Circuit Courts have power to issue all writs as we have seen, 
it is only in exceptional cases that the Supreme Court will 
grant them. Petitioners are expected to apply to one of 
the lower courts for them. 

The State Senate a Court. The Senate is the one special 
court which in no way has to do with the regular judicial 
business of the State. In imitation of the House of Lords in 
the English Parliament and the Senate of the United States, 
it is made the court for the trial of impeachments. 1 Any civil 
officer of the State is subject to impeachment for corrupt con¬ 
duct in office or for crimes or misdemeanors. The trial is 
not a criminal, but a political one. The officer tried, the of¬ 
fense charged, and the punishment imposed are all political. 
The Assembly impeaches, that is prefers the charges 
against the suspected person. This is done by a majority 
vote of that body. The members of the Senate must take 
oath or affirmation to impartially try the case. The trial is 
conducted in the same manner as those in the higher courts 
of law, and no person can be convicted without the concur- 


‘Article VII, section 1. 



178 


THE STATE GOVERNMENT OF WISCONSIN 


rence of two-thirds of the members present. In case the ac¬ 
cused is found guilty, he can be removed from office, or re¬ 
moved from office and disqualified to hold any office of 
honor, trust or profit under the State. After receiving his 
political punishment, if the guilty person has in any way 
violated the law, he may be tried and punished by the regu¬ 
lar courts. It is gratifying to know that in the history of the 
State but one officer has ever been impeached, and none has 
ever been convicted. 

REVIEW QUESTIONS 

1. Why do we need courts? 

2. What are the kinds of courts? 

3. What may a justice of the peace do? 

4. What is the principal duty of a county judge? 

5. Describe the organization of the Circuit courts. Describe their powers. 

6. Describe the organization of the Supreme Court. Describe its powers. 

7. Over what cases does the Senate act as a court? What punishments 
may it inflict? May the guilty party be tried by any other court? 

PRACTICAL POINTS 

1. Who are the justices of the peace in your town, village or city? 

2. Have you a police court? 

3. Have you a municipal court in your city or county? 

4. Who is your county judge? What duties does he perform? 

5. What counties comprise your judicial circuit? When are the sessions 
of circuit court held at your county seat? Who is your circuit judge? (See 
Blue Book) 

6. Do you know any cases which have been tried in your county or cir¬ 
cuit court? 

7. Who is chief justice of our State Supreme Court? 

8. What is the salary of the Circuit Court judges? Of the justices of the 
Supreme Court? 

REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter XII, pp 
74-77, 86-88. 

2. Essentials of Civil Government—Gillan and Hewitt, pp. 85-87. 

3. Civil Government of Wisconsin—Wilgus, pp. 88-95. 

4. Constitution of Wisconsin—Wright, Discussion of Article VII. 


XIX . HOW LA WS ARE ENFORCED 


Law Supposed to Be Known. The laws governing the peo¬ 
ple of the State, are made, as we know, by the Legislative 
Departments—the voters at the town meeting, village boards 
of trustees, city councils, county boards of supervisors, and 
the State Legislature. As soon as the laws are published 
every citizen is supposed to know them, understand them, 
and obey them. 

Capture of Suspected Person. Should one violate the law 
and commit a wrong against the public peace, dignity or se¬ 
curity, and thus become an unsafe member in society, some 
one should make a formal charge against the supposed crim¬ 
inal. This complaint , as it is called, may be made by any 
person, but is commonly made by an officer, for example, 
a constable, policeman, marshal, sheriff or district attorney. 
In every instance it is a sworn statement, accusing a specified 
person of a crime. It is because this step may quite easily 
get one into trouble that violaters of the law frequently go 
unpunished. If the judicial officer thinks the reason in the 
complaint sufficient, he issues a warrant of arrest. This is 
given to an executive officer, for example a constable, a po¬ 
liceman or a sheriff, who finds the accused person and upon 
reading to him the warrant he “arrests” him and brings him 
before the judge issuing the warrant. Sometimes when a 
person is seen violating the law, he is caught and taken be¬ 
fore a judicial officer and the complaint is made and the 
warrant issued. Bail is fixed by the judge and if the party or 
his friends can furnish it he is allowed his liberty until his 
trial, if not he is placed in jail. 


179 


180 


THE STATE GOVERNMENT OF WISCONSIN 


The Trial. Where held. The accused has a right to trial 
in the county or district in which the offense was committed. 
The law which defines a crime also states the punishment 
for committing it. If the crime of which the person is 
charged is punishable by not more than six months im¬ 
prisonment in the county jail, or a fine of $100 or both, 
the case is tried before a Justice of the Peace and without 
a jury, unless the accused should demand it. In this 
case, the constable writes down the names of eighteen in¬ 
habitants of the county, each party to the suit then strikes 
off six, and the six remaining constitute the jury. 

If the crime with which the accused is charged is too ser¬ 
ious to be tried by a Justice, he holds a preliminary hearing 
in order to determine whether the accused person shall be 
held for trial in a higher court. Lawyers appear, witnesses 
are examined and evidence admitted so far as may be nec¬ 
essary to determine whether there is good reason to believe 
the prisoner guilty of the offense charged. If the evidence is 
not sufficient he will be set free, if it is he will be bound over 
to the next term of court. Bail is allowed, and if provided 
the accused is allowed freedom until his trial; if not he is 
placed in jail. 

Selection of the Jury. If the person is tried in the Circuit 
Court, three jury commissioners,—appointed by the circuit 
judge, one each year for a term of three years,—make a list 
of persons residing in the county who are qualified to serve 
as jurors. At a meeting of the commissioners held some 
three or four weeks before the term of Circuit Court, the 
names are written on separate sheets of paper and placed in 
a box. The Clerk of the Court then draws from the box, by 
lot, thirty-six of the names. The persons thus selected con¬ 
stitute the panel or petit jury for that term of court from 


HOW LAWS ARE ENFORCED 


181 


which the trial jury of twelve persons is drawn to decide 
each case. 

The members of the petit jury are summoned by a venire , 
and all remain in attendance during the term of court. When 
according to the court calendar, which states the order of 
business, the trial of the accused is called, the names of the 
petit jurymen are written upon slips of paper and placed in 
a box. Twelve names are then drawn by lot, and if upon 
careful examination by the attorneys representing the par¬ 
ties to the suit, it is thought they will be fair and impartial, 
they are accepted as the trial jury for his case. If any are 
found to be undesirable others from the petit jury are select¬ 
ed until twelve are found who are satisfactory. 

Steps in the Trial. The crime with which the accused is 
charged is read to him and he is given opportunity to plead 
“guilty” or “not guilty.” If he pleads guilty, he is usually 
given a lighter sentence than he would otherwise receive. If 
he pleads not guilty, the trial proceeds. First, the district 
attorney, representing the State, calls the witnesses for the 
prosecution. Each is questioned by the district attorney, or 
his assistant, and then cross-examined by the attorney of the 
accused. The witnesses for the defendant, as the accused is 
called, are next examined by his attorney and cross-exam¬ 
ined by the prosecution. The law states what sort of testi¬ 
mony may be admitted to court and it is the duty of the 
judge to see that the law is carefully obeyed. Unjust deci¬ 
sions on his part may enable the accused to secure a writ of 
error and a rehearing of the case by a higher court. When 
all the testimony is in, the lawyers make their pleas, each 
summarizing the facts in favor of his party and appealing 
to the jury to render its decision in his favor. 

The Charge to the Jury and Verdict. The judge then 
gives the charge to the jury, instructing it regarding the law 


182 


THE STATE GOVERNMENT OF WISCONSIN 


governing the case they are deciding. The sheriff then takes 
charge of the jury, taking them to the jury room, and keep¬ 
ing them from contact with other persons until the mem¬ 
bers have reached some decision. All must agree that the 
accused is guilty of the crime charged before he can be con¬ 
victed. If they fail to reach a verdict , that is a unanimous 
decision, the case may be retried by another jury. 

The Sentence and Its Execution. If the jury finds the 
prisoner “not guilty,” he is set free; but if it declare him 
“guilty” the judge pronounces sentence, fixing the penalty 
within the limits set by law. The sheriff is then directed by 
him, to execute judgment upon the person of the convicted 
by compelling him to pay a fine, or by committing him to 
jail or taking him to the State prison as the sentence may re¬ 
quire. 

Criminal Law for but Few. Most citizens are law-abiding. 
This expensive system of government, with its Legislative 
Department, which makes laws for the preservation of or¬ 
der, the Executive Department which is busily engaged in 
enforcing them, and the Judicial Department which devotes 
so much time to their interpretation and application to ac¬ 
cused persons, is maintained for a comparatively small num¬ 
ber of evil-doers. The capture and trial of a criminal often 
take weeks, many times months and sometimes years, fre¬ 
quently costing the local unit, the county or the state hund¬ 
reds and many times thousands of dollars. 

To be a law breaker is not only a source of much misery 
to the individual and his family, but a very serious menace 
to society and a matter of no little expense to the state. 
Proper training in childhood and youth is the surest correc¬ 
tive. 

Civil Cases. A civil suit is brought by a person to enforce 
or protect some private right. The plaintiff appears before 


HOW LAWS ARE ENFORCED 


183 


a judicial officer, enters a complaint which results in a sum¬ 
mons being served upon the defendant, requiring him to ap¬ 
pear at a stated time in court and defend his action. The 
trial proceeds much the same as in a criminal case, but some¬ 
times without a jury. If the defendant should fail to appear 
at the time and place specified, the case is decided against 
him. 

Administrative Law. Many laws simply state the mode of 
procedure which must be followed in order to make a trans¬ 
action legal, such, for example, as the registration of deeds, 
the steps to be taken in the organization of a corporation, 
or the method necessary to the establishment of a new school 
district. Such laws are peacefully carried out. 

Technically, they may be said to be administered, not en¬ 
forced. 

REVIEW QUESTIONS 

1. When are we supposed to obey a law? 

2. Describe the steps in capturing a person suspected of violating a law. 

3. Who tries the case? 

4. How is the jury selected? 

5. What are the steps in a trial? 

6. Describe the charge of the jury and the verdict. 

7. Describe the sentence and execution. 

8. What is the best way to avoid being a criminal? 

9. How is a civil case tried? 

10. How is adminstrative law applied? 

PRACTICAL POINTS 

1. Name some important State laws. 

2. Get a copy of a complaint, a warrant, a venire, a summons. 

3. If possible, attend a trial. 

4. Conduct a mock trial. 

5. Do you know any laws that are being violated? If so what is your 
duty? 



184 


THE STATE GOVERNMENT OF WISCONSIN 


6. What was the expense of maintaining your county jail last yeai ? 

7. What did it cost to maintain the State prison last year? 

8. What is the best method of producing law-abiding citizens? 

REFERENCES 

1. The Government of Wisconsin—James and Sanford, Chapter XII, 
77-85. 

2. The Civil Government of Wisconsin—Wilgus, pp. 95-98. 


XX. HOW EXPENSES ARE PAID 


The Needs. Since the schools, the towns, villages, cities, 
counties and the State are all actively engaged in protecting 
the people’s rights and promoting their highest good, it is 
but natural that the expenses of government must be high. 
While it is doubtless true that useless officers are sometimes 
employed and unnecessary expenses incurred, still it should 
be remembered that centuries of experience have discovered 
no cheaper or more efficient agent for performing these all- 
important duties. And if we insist, as we have in recent 
years, that the government provide a more complete system 
of education for our children; take better care of our blind, 
our deaf, our feeble-minded, our insane, our poor and our 
criminals; build better roads; furnish better protection of 
life and property; and promote our industrial and other in¬ 
terest in so many ways, then we must expect the general ex¬ 
penses of government to increase. 

It is the constant effort of many officials to distribute as 
justly as possible among the people, the obligation of paying 
these bills. It is no easy task since the State is now spending 
about a million and a half dollars a month, and the local 
units, including the towns, villages, cities and counties, from 
three to four times that amount. 1 

The Departments that Meet the Needs. The legislative 
department in the school district, the town, the village, the 
city, the county and the State is given power by the Consti- 

»See the latest report of the Wisconsin Tax Commission for valuable in¬ 
formation on the subject of taxation. 


185 



186 THE STATE GOVERNMENT OF WISCONSIN 

tution to do many things which incurs expense. Each is, also 
given power to enact laws providing for the raising of money 
and the making of appropriations necessary to pay these ex¬ 
penses. Of course limits are set beyond which the legislative 
department can not go in the raising and spending of 
money. At the time the legislature of a particular unit, 
whether it be the school district, the town, village, city, coun¬ 
ty or the State, decides that something be done for its people, 
it also provides for an appropriation to meet the necessary 
cost and for the revenues with which the bill is to be paid. 1 

When the amount to be raised and the appropriations to 
be made are once provided for by the legislative department 
then it becomes the duty of the proper executive officers 
(also administrative officers in the State government) to se¬ 
cure the money from the sources indicated by law and pay 
the legally authorized bills. 

Where the Money Comes from. The money comes from 
several different sources; from taxes upon real estate, upon 
personal property, income, and inheritances; from licenses 
paid by individuals and corporations; from the sale of pub¬ 
lic lands and the products of public lands; from fees; and a 
few other less important sources. Money is frequently bor¬ 
rowed to meet special expenditures, as the erection of build¬ 
ings, the construction of roads, or the making of other nec¬ 
essary improvements. The power to borrow money is care¬ 
fully restricted by the Constitution. 2 

Licenses yield relatively a small amount of the total rev¬ 
enue. Public lands are being conserved and while yielding 
but little revenue at present, if wisely used, much being 
planted to forest, they may yet be a source of great profit. 


J See the Constitution, Article XI. 

2 See Article VIII, sections 4 to 10. 



HOW EXPENSES ARE PAID 


187 


Fees are charged by public officers for recording deeds and 
mortgages, recording wills, making copies of records and 
documents, and issuing charters to corporations, but they 
cannot be a source of much revenue. And fines are paid only 
by violaters of the law. The Constitution provides that 
they must be placed, along with moneys from certain other 
sources, in the school fund of the State. 

Corporation Taxes. Taxes constitute by far the most im¬ 
portant source of revenue in the State. The method of as¬ 
sessing and collecting them is fixed by State law, so is the 
same in all the political units. 

The expenses of the State government are met largely by 
taxes levied upon corporations. Steam and electric rail¬ 
roads, express companies, life, fire and accident insurance 
companies and a few other less important corporations are 
assessed annually by the State Tax Commission. Some are 
assessed upon their property, real and personal, and others 
upon their gross earnings under a license system. 

The Tax Commission computes the taxes to be paid by 
each company and reports the amount to the State Treas¬ 
urer. About February or March, annually, the Treasurer 
collects from each company the taxes due. 

Should the railroads, telegraphs and telephones ever be 
owned permanently by the United States, it would mean a 
great loss of revenue to the State, and indeed to all the states, 
since the property of the federal government is not taxable 
by the states. Profits, of course, may make up the loss. 

The General Property Tax. The general property tax is 
the same in all local units. It is levied upon real estate and 
personal property. The law provides that certain property 
shall not be assessed at all; for example property owned by 
the United States, by the State or by any local government; 


188 


THE STATE GOVERNMENT OF WISCONSIN 


property owned by religious, educational and benevolent 
associations and used by them for the public good; wearing 
apparel and household goods; and moneys, notes and mort¬ 
gages. Property not exempted is subject to taxation. 

The Assessment. Beginning on the first of May, annually, 
the assessor in each town, village and city calls upon each 
person who is believed to own taxable property. By actual 
observation, he is required to determine the amount and the 
“full value” of each kind of taxable property possessed by 
the person and enter it under its proper head in the “assess¬ 
ment roll,” which is a book containing lists of property sub¬ 
ject to taxation. This includes both personal property and 
real estate. The assessor may examine any person under 
oath as to how much property he owns and its value. Any 
person making false statements to the assessor is liable to a 
severe penalty. 

The Equalization of Assessments. The assessor, although 
he does his best, frequently fails to assess property at the 
“full value which could ordinarily be obtained therefore at 
a private sale,” as the law requires; and he, too frequently, 
does not get all the taxable property on the assessment roll. 
To correct any such errors, the work of the assessor in each 
town, village and city is subject to revision by the local 
“board of review.” In towns this board consists of the three 
supervisors and the clerk; in the villages, of the president 
and the clerk; in the cities, of the mayor, the clerk and one or 
more members of the Common Council. 

The board of review meets the last Monday in June and 
continues in session until its work is completed. It examines 
and corrects the assessment roll, lowering or raising valua¬ 
tions, or adding taxable property which has been omitted. 
But before the board raises the valuation or adds property 


HOW EXPENSES ARE PAID 


189 


to the roll, it must notify the owner who may appear before 
the board and protest the action. If any property owner 
thinks the assessor has valued his property too high, he is 
at liberty to appear before the board and ask for a reduction. 

When the board of review has completed its work the cor¬ 
rected assessment roll is given the town, village, or city clerk, 
as the case may be. The clerk places it on file, and makes 
a report to the county clerk. The county clerk lays the re¬ 
ports from all the local units before the county board of 
supervisors, which acts as a board of review and equalizes 
the assessments between the towns, villages and cities of the 
county. 

The county clerk then reports the corrected assessment of 
the county to the State Tax Commission, at Madison, which 
acts as a State board of review equalizing the assessed values 
between the different counties of the State. 

The Determination of the Tax Rate. The assessed values 
of all the counties, as corrected by the Tax Commission, are 
furnished the Secretary of State. He already knows the 
amount of money to be raised for State purposes. He de¬ 
termines the amount to be raised by each county for State 
purposes and reports the same to the county clerks. 

Each county clerk adds to the sum apportioned to his 
county, the amount to be raised for the support of the coun¬ 
ty, and apportions the total sum among the towns, villages 
and cities of the county and reports the amount to be raised 
by each unit to its clerk. 

The clerk combines the amount to be raised for State and 
county purposes with that to be raised for his own local unit 
and determines what per cent that sum is of the assessed 
value of the taxable property. This gives the local tax rate. 

The amount of tax to be paid by each property owner is 
determined by multiplying the assessed value of his proper- 


190 


THE STATE GOVERNMENT OF WISCONSIN 


ty by this tax rate. The clerk places in a book made for the 
purpose a description of each person’s property, the assessed 
value, the tax rate, and the amount of taxes he is required 
to pay. This is known as the tax roll. 

The Collection of Taxes. The clerk next delivers the tax 
roll to the local town, village, or city treasurer, who proceeds 
in December or January each year to collect the taxes. He 
gives to each person who pays his taxes a tax receipt which 
describes his property, gives its assessed value and states the 
amount of taxes paid. In towns and villages the treasurer 
receives from one to two per cent for collecting taxes paid 
before January 31; after that date, unless special provision 
is made, he receives five per cent. In cities he receives one 
per cent before, and three per cent after January 31. It is 
to be observed that the local treasurer gathers the taxes 
levied for State and county purposes as well as local. It is 
a great economy to have them all collected at the same time. 

Should any person fail or refuse to pay his personal prop¬ 
erty taxes the treasurer reports the fact to the county treas¬ 
urer. The sheriff is then given a warrant which authorizes 
him to sieze and sell at auction any property belonging to the 
delinquent taxpayer. The taxes and costs are paid, if the 
amount is sufficient, and the balance, if any, is returned to 
the owner. In case the taxes upon real estate are not paid, 
the county treasurer advertises the lands for sale at auction. 
Any one paying the taxes on a piece of land is given a tax 
certificate. This certifies that he will be entitled to the deed 
of the land in three years unless within that time the owner 
pays the taxes with interest and costs. 

The Tax Returns. When the town, village, or city treas¬ 
urer has completed the collection of the taxes, he retains the 
amount raised for local purposes and sends to the county 
treasurer the amount collected for county and State pur- 


HOW EXPENSES ARE PAID 


191 


poses. The county treasurer retains the portion raised for 
county use and forwards to the State Treasurer the sum 
raised for the State. Since 1884 the State has collected annu¬ 
ally a large sum for the support of common schools; and 
since 1909 another considerable amount for the construction 
of bridges and highways. Since the purpose of these taxes 
is entirely local they are State taxes only in name. This fact 
should be kept in mind for many people make the mistake 
of thinking that all taxes raised by the State are employed 
in bearing the cost of conducting the State government. 

The Income Tax. The Assessment. Since 1911 Wisconsin 
has been levying an annual tax upon the incomes of individ¬ 
uals and corporations. The State is divided into about forty 
districts each including one or more counties. An income 
tax assessor is appointed in each district by the State Tax 
Commission who is in charge of the administration of 
the law. The income tax assessor assesses the taxable in¬ 
comes of all individuals in his district. The work is done 
about the first of March each year. 

Each person who is supposed to have received a taxable 
income during the preceding calendar year is required to 
fill out a blank. He states in detail his gross, or total income, 
received during the year; and the deductions allowed by 
law, which in the main consists of the necessary expenses 
incurred in securing his gross income. By subtracting the 
deductions from the gross income, the net income is deter¬ 
mined. He also states whether he is single or married and if 
married, the number of children he has under eighteen years 
of age. This is required because the law allows an exemp¬ 
tion of $800 for the support of a single person; $1200 for a 
husband and wife, and $200 for each child under eighteen 
years of age. This amount is subtracted from the net in¬ 
come and the remainder constitutes the taxable income. 



192 


THE STATE GOVERNMENT OF WISCONSIN 


The incomes of corporations which do not pay a tax or 
license fee directly into the State Treasury, in other words 
the incomes of all local corporations with but few excep¬ 
tions, are assessed directly by the State Tax Commission. A 
heavy penalty is imposed upon any person or corporation 
guilty of making false returns. 

The Income Tax Rate is the same throughout the State. Up¬ 
on individuals it is 1% on the first $1000 of taxable income 
or part thereof; 1%% on the second; 1%% on the third; 
1%% on the fourth; 2% on the fifth; 2%% on the sixth; 3% 
on the seventh; 3 1 /2% on the eighth; 4% on the ninth; 4^2% 
on the tenth; 5% on the eleventh; 5%% on the twelfth; 6% 
on any amount in excess of twelve thousand dollars. 

The tax rate upon each thousand dollars of income re¬ 
ceived by a corporation is double that upon incomes re¬ 
ceived by individuals until it reaches $7000 when it remains 
uniformly 6% upon all higher amounts. The law carefully 
guards against taxing the same income twice. The progres¬ 
sive rate is employed because it is believed that a person or 
corporation with a large income is able to pay a larger per¬ 
centage of it than one receiving a small income. 

The amount of income tax to be paid by each individual 
in the county is computed by the county clerk with the as¬ 
sistance of the income tax assessor. The clerk then reports 
to each town, village and city clerk the names of all persons 
in his local unit whose incomes are assessed, and the amount 
of tax levied against each such person. The clerk enters the 
amount in a separate column designated “income tax” under 
the proper name upon the tax roll of the year. The tax upon 
the income of corporations in each county and the amount 
of tax levied against each is reported to the county clerk 
who reports the same to the town, village or city clerk to be 
placed upon the year’s tax roll. 


HOW EXPENSES AEE PAID 


193 


The Income Taxes are collected by the town, village or 
city treasurer at the same time and in the same manner as 
the general property taxes. 

Of the Distribution of the Amount Received, 70% is re¬ 
tained by the local unit in which it is collected, 20% paid to 
the county, and 10% to the State to cover the expense of ad¬ 
ministering the law. 

The income tax has yielded several millions of dollars an¬ 
nually and, although during the past three hundred years 
many of our states have enacted income tax laws, this has 
proven the most successful one ever passed. 

Inheritance Taxes are assessed and collected upon prop¬ 
erty acquired by inheritance. The assessment is made at the 
time the estate is settled. The rate varies with the relation¬ 
ship existing between the person leaving the property and 
the person receiving it, increasing with the remoteness of the 
relationship. It also varies with the amount inherited, being 
higher on the larger sums received. The proceeds from the 
tax is divided between the State and the county, the former 
receiving considerably the larger portion. While the tax 
lias yielded a relatively small amount, nevertheless, it is a 
form of taxation generally approved by students of the sub¬ 
ject, and so is likely to increase in importance. 

How Money is paid from the Treasury. The law is very 
exact in its statement of the method by which money may be 
paid from the treasury. This is to prevent the wasteful or 
dishonest use of funds. Appropriations can be made only 
by the legislative department of the proper political unit. 

In the school district an order signed by the clerk and the 
director must be presented to the treasurer. He pays the 
money and retains the order as a receipt. In a town, the 


194 


THE STATE GOVERNMENT OF WISCONSIN 


order is issued by the chairman and countersigned by the 
clerk; in a village by the president and the clerk; in the city 
the bill is approved by the city council and the order drawn 
by the clerk; in the county the bill is approved by the county 
board of supervisors and the order drawn by the county 
clerk; and in the State the Secretary of State audits the bill, 
and draws a warrant, as the order is called, upon the State 
Treasurer. When the order properly drawn is presented, 
the treasurer in each case pays the amount, and keeps the 
order as a receipt. 

By requiring annual reports, and comparing the orders 
drawn with the money paid out, it is easy to determine 
wether any of the money has been unlawfully used. Treas¬ 
urers are required to give bonds which are a guarantee that 
they will properly care for the public funds. Should one 
fail to do so, the amount lost is collected from those signing 
his bond. 


REVIEW QUESTIONS 

1. Why is money needed by governments? 

2. What departments take part in the raising and spending of money? 

3. Where does the money come from? Name the kinds of taxes. 

4. What is the corporation tax? By whom is the tax assessed upon cor¬ 
porations? 

5. How is the general property tax assessed? How equalized? How is 
the rate determined? How is the tax collected? 

6. Describe the income tax. By whom is it paid? Who assesses the 
taxes? How are the assessments made? What exemptions are allowed? 
What rate is charged on individual incomes? On corporations? 

7. Who collects the tax? 

8. What is the inheritance tax? 

9. How is money paid out of a treasury? 

PRACTICAL POINTS 

1. Examine an assesssment blank; a tax receipt; an income tax blank. 

2. What is the assessed value of your school district; of your town; of 
your county; of the State? 


HOW EXPENSES ARE PAID 


195 


3. What is the present tax rate in your town, village or city? 

4. Assume different assessed values for pieces of property and determine 
the amount of taxes due at the present tax rate. 

5. If my personal net income is $4300, what income tax do I pay if single? 
What would I pay if I were married and had three children? 

6. Examine an order drawn on your school treasurer. 

REFERENCES 

1. The Civil Government of Wisconsin—Wilgus, Chapter VII, pp 110-115. 

2. The Government of Wisconsin—James and Sanford, Chapter XV, pp. 
105-111. 

3. Essentials of Civil Government—Gillan and Hewitt, pp. 89-91. 



XXL SERVICES RENDERED BY THE STATE 


Every citizen of Wisconsin, young or old, should possess 
a personal pride in the excellent service being rendered the 
inhabitants through the government. So completely is the 
government organized into school districts, towns, villages, 
cities, counties and the State, that it can most perfectly and 
cheaply meet the common needs. 

The Schools are efficient, well supervised, and liberally 
supported. In order to teach, a person must hold a certifi¬ 
cate showing intellectual and moral fitness. Rural schools 
are supervised by the county superintendent assisted by one 
or more supervising teachers, and the city schools are under 
the charge of a city superintendent. Above the county and 
city superintendents is the state superintendent, who is at the 
head of the school system. He does a constantly increasing 
number of things to improve the schools. As we have seen, 
he makes the courses of study for rural and city schools, 
which provide for work in agriculture, commerce, manual 
training and domestic science as well as in the common 
branches; he sends out inspectors to the rural schools, the 
city grades, the graded schools and the high schools for the 
purpose of improving them; and in many ways, he aids the 
county superintendents, the city superintendents and district 
boards to make the school system more efficient. 

Rural schools, graded schools and high schools are estab¬ 
lished. County agricultural schools furnish special training 
in agriculture and domestic science. County training schools 
and normal schools, in many parts of the State, provide 

196 


•SERVICES RENDERED BY THE STATE 


197 


training for those who wish to teach in rural and city 
schools. The university with its college of letters and sci¬ 
ence, of law, of agriculture and of engineering completes the 
school system. The organization of the public schools is 
such that a child may begin in the first grade of a rural or 
city school and upon completing the grades enter a high 
school (or a graded school and later transfer to a high 
school); then upon graduation from the high school enter 
the university (or, if he prefers, a state normal school as a 
junior and later transfer to the university); and upon the 
completion of the university receive his diploma and degree. 
In other words the educational system of the State has been 
so perfected that a child may enter the first grade of a public 
school anywhere in the State and after sixteen years of faith¬ 
ful study graduate at the University. 

To meet the expenses of maintaining such a thorough and 
complete system of education millions of dollars must be 
raised annually. But knowing that the right kind of educa¬ 
tion adds to the usefulness, happiness and patriotism of the 
citizens, the people of the State are very willing to provide 
the money. A portion is provided by a tax levied in the 
towns and villages by the voters at the school meetings, 
and in the cities by the city council. A portion is provided 
by a tax levied by the county board of supervisors. And 
the remainder known as “state money” is furnished by 
the State. The State derives its school money from three 
sources. (1) from a tax, amounting to a fraction of a 
mill, levied on all the taxable property of the State; (2) 
from certain taxes upon corporations; and (3) from the 
school fund income. The school fund, which is derived from 
various sources now amounts to about $4,000,000 but is in¬ 
creasing. The “state money” is distributed among the 
schools in proportion to the number of children in each 


198 


THE STATE GOVERNMENT OF WISCONSIN 


district of school age, that is between four and twenty years 
of age. 1 

Public Libraries are most generously provided. They are 
now found in every city of any importance in the State and 
provide the best books, periodicals and other reading mat¬ 
ter. The libraries are assisted by the State Free Library 
Commission located in the capitol at Madison, which aids 
them by visitations, advice in the selection of books, in 
the cataloging of books, and in many other ways. The 
Commission will send boxes of carefully selected books 
to rural communities and villages where no libraries exist, 
if requested to do so by the teacher or other reliable person. 
These books may be retained for a reasonable length of time. 
This enables every community in the State to enjoy the best 
educational, inspirational and recreational books; and every 
one should take advantage of the opportunity. 

The Health of the Citizens is carefully guarded. Realizing 
that good health is dependent upon proper surroundings, 
right habits of living, wholesome food and the avoidance of 
contagion, the State is giving much more attention than for¬ 
merly to public health. 

Schools, stores, factories, and public buildings must be 
well ventilated, lighted and heated. Playgrounds and parks 
are freely provided. The State is divided into sanitary 
districts and over each an experienced physician is placed 
whose duty it is to look after the general health conditions 
of the people. 

Laws have been enacted discouraging bad habits among 
our young people. The use of cigarettes by minors is 
prohibited. Instruction in personal hygiene is given in the 


^ee the Constitution Article X, section 2. 



SERVICES RENDERED BY THE STATE 


199 


schools, at public meetings and through the press. Hospitals 
and sanitoria are provided. 

The manufacture and sale of unwholesome foods are pro¬ 
hibited. Adulteration and imitation of certain foods are not 
allowed. Dairies, creameries and cheese factories are in¬ 
spected. Food-stuffs must be produced and sold under sani¬ 
tary conditions. 

Strict regulations are made for the control of contagious 
and infectuous diseases. Many lives are lost each year 
through ignorance and carelessness. The law requires phy¬ 
sicians and others to report to the local health officer all 
cases of contagion. The persons affected must be quaran¬ 
tined, and the houses disinfected. 

To enforce all these regulations local boards of health are 
established in each town, village and city, and a physician is 
commonly appointed health officer. 

Both the officer and the board are under the supervision of 
the State Board of Health. Should a contagion become 
serious the State Board may take direct charge in order to 
eliminate the disease and remove the conditions causing it. 

Dependents, Defectives and Criminals are cared for. The 
poor, whether children or aged, are furnished with the nec¬ 
essaries of life. The deaf and the blind are educated, the 
feeble minded and the insane are kept and treated in public 
institutions, wayward boys and girls are provided proper 
training and criminals are not permitted to be at large to 
harm society but are placed in jail or prison for safe keep¬ 
ing. 

Highways Are Being Greatly Improved and extended 
throughout the State. Towns, villages, cities and counties 
are systematically cooperating with the State in this import¬ 
ant work. The local units are divided into road districts, 
each under a supervisor of highways. Those of a given coun- 


200 


THE STATE GOVERNMENT OF WISCONSIN 


ty are under the supervision of a county highway commis¬ 
sioner. Over the county highway commissioner is the State 
Highway Commission composed of five members. It super¬ 
vises the construction of roads throughout the State. It also 
publishes valuable information regarding road building 
which can be had for the asking. 

Millions of dollars are being spent annually upon the im¬ 
provement of the highways, a portion being paid by the local 
unit, a part by the county, and not a little by the State. Mon¬ 
ey paid for automobile licenses is used for this purpose. 

These are but a few of the many services rendered the peo¬ 
ple through the State government. Can you not think of 
many others? Try it. The services, whether rendered 
through the town, the village, the city, the county or the State 
organization is as yet neither perfect nor complete. There 
are many points at which they can be improved and extend¬ 
ed. Every true citizen becomes fully informed regarding the 
organization of the government and the services it should 
render and endeavors constantly to make both as perfect as 
possible. 

REVIEW QUESTIONS 

1. What are the schools doing for the young people of the State? 

2. What services are being rendered the people of the State by the libra¬ 
ries? 

3. How is the health of the people being cared for? 

4. What is being done to improve our highways? 

5. What is the duty of every good citizen? 

PRACTICAL POINTS 

1. What officials supervise your school? 

2. How long would it take you to graduate from the University if you 
continued in school? 

3. How much “state money’’ did your district receive during the past 
year? How much taxes were raised by your school district? 


SERVICES RENDERED BY THE STATE 


201 


4. Where can you get library books other than in your school library! 
How many such books have you read during the past year? 

5. What is being done by the government to preserve the health of your 
community? 

6. Who is responsible for improving your roads? 

7. Who furnishes the money for paying the cost of improving your roads? 

8. Are there any State roads in your school district? 

9. Describe the methods of road building. What kind of road construc¬ 
tion is best? Give the reasons for your answer. 

10. What can you do to be a better citizen in your school district; your 
town, village or city; your county; your State? 

11. Are there any ways in which the government can be made to serve 
the needs of the people more perfectly? If so in what ways? 

REFERENCES 

1. Community Civics—Hughes, Chapters V-VIII. 

2. American Government—Macgruder, Chapter XXIX. 

3. The Government of Wisconsin—James and Sanford, Chapter XIV, pp. 

100-104. 

4. The Blue Book of Wisconsin. 


XXII. METHODS OF CHANGING THE CONSTITUTION 


Amendments, How Made. A Constitution can hardly be 
perfect in all its parts. If it should be at the time of its adop¬ 
tion, industrial, social and other changes would, in time, 
make modifications necessary. Therefore, amendments must 
be made possible. 

On the other hand it would be very undesirable to have 
the Constitution affected by every passing sentiment. It 
would lead to unlimited confusion. So, amendments should 
not be made too easily. 

With these two facts in mind, the framers of the Constitu¬ 
tion provided that five distinct steps must be taken in order 
to make an amendment. First, a proposed amendment must 
be introduced into one of the houses of the Legislature, by a 
member or a committee. Second, it must be passed by a 
majority vote of each house, and be entered with the votes 
for and against it upon the journal of each house. Third, it 
must be published three months before the election of mem¬ 
bers to the next Legislature. Fourth, it must be passed by a 
majority of the members elected to each House. Fifth, and 
finally, it must be approved by a majority of the voters of 
the State, who vote upon it at a regular election. 1 

This method gives opportunity to wisely and deliberately 
consider each amendment before it becomes a part of the 
Constitution. It has been thought by some that the process 
is too complicated. At a recent session of the Legislature a 

Article XII, section 1. 


202 



METHODS OF CHANGING THE CONSTITUTION 


203 


simpler method was proposed but defeated. The fact that 
about twenty-five amendments have been made since the 
adoption of the Constitution indicates that the method does 
not prevent needed changes. 

A New Constitution, How Framed. The framers con¬ 
ceived it possible that some time a complete revision of the 
Constitution may be desired. So they provided the method 
by which it might be brought about. It involves three neces¬ 
sary steps. First, the Senate and the Assembly, by a majority 
vote of each house, must deem it necessary to call a conven¬ 
tion to revise or change the Constitution. Second, the voters 
at the general election must approve by a majority vote a 
recommendation of the Legislature that a constitutional con¬ 
vention be called. Third, the Legislature must at its next 
session provide for calling such convention. 1 In so doing it 
would provide for the number of members, for their elec¬ 
tion, for the time and place for the convention, and for 
the appropriation necessary to meet the expenses. 

The convention when it has once met, may change the 
Constitution in any way it thinks wise, or lay it aside and 
frame an entirely new one. When the task is finished the 
proposed Constitution would doubtless be submitted to the 
voters for approval, although this is not required. 

This method of revising the Constitution has never been 
employed, the original Constitution as amended, from time 
to time by the method previously described, having proven 
quite satisfactory. 

REVIEW QUESTIONS 

1. By what two methods may the Constitution be revised? 

2. Describe the steps to be taken in amending the Constitution. 

3. Describe the steps necessary to revise the Constitution. 


‘Article XII, section 2. 



204 


THE STATE GOVERNMENT OF WISCONSIN 

PRACTICAL POINTS 


1. How many times has our Constitution been amended? 

2. What are some of the sections which have been amended? (See the 
Constitution.) 

3. Are there any sections you think should be amended? If so, which and 
why? 


REFERENCES 

1. The Government of Wisconsin—James and Sanford—Chapter XXIII, 
pp. 130-31. 

2. Constitution of Wisconsin—Wright, Discussion of Article XII. 


The Capitol at Washington 



















THE UNITED STATES GOVERNMENT 


XX///. THE STEPS LEADING TO THE UNION 

Colonial Governments a Response to Common Needs. Our 
forefathers settled America in little groups, or colonies. 
From the beginning they were conscious of certain common 
needs, as protection, order, and education, which could be 
supplied best by some form of political organization. 

The Puritans, who settled New England, came as church 
congregations led by their pastors, and naturally employed 
the parish form of government with which they were so fam¬ 
iliar. Thus was begun what we know as the New England 
town, which finally spread westward and ultimately sup¬ 
plied the basis for the system of town government adopted 
by our own State. In the northern colonies, as new settle¬ 
ments were made, common interest caused the different 
communities to send representatives to a central organiza¬ 
tion which exercised authority over the group and so ap¬ 
peared the beginnings of the county system of government. 
In the Southern colonies, where the population was sparse, 
the county was the original local unit. 

As commercial and social intercourse developed, the 
central organizations, including groups of local units, be¬ 
came more and more influential and thus the government of 
each of the thirteen colonies grew in importance. By chang¬ 
ing their form of government during the Revolutionary per- 

206 



THE STEPS LEADING TO THE UNION 


207 


iod the colonies came to be the thirteen original states of our 
union. 

The First Union. A common enemy has often been the 
cause producing political unions. Our colonial history re¬ 
peatedly exemplifies this truth. A number of the frontier 
New England settlements were early exposed to attacks 
from the Indians, the French and the Dutch. To defend 
themselves, New Haven, Connecticut, New Plymouth and 
Massachusetts Bay united into a Confederation in 1643. It 
was known as the United Colonies of New England, and pos¬ 
sessed a written constitution. The governing body consisted 
of eight commissioners, two elected from each colony, one 
of the eight being chosen as presiding officer. This body 
exercised no authority over the internal affairs of the sep¬ 
arate colonies, but was empowered to act upon all matters of 
common interest, especially affairs of war and peace. But 
the governing body was little more than a committee of pub¬ 
lic safety. It dealt with the governments of the member 
colonies and not at all with the individual citizens. It lacked 
the authority to enforce its own decrees. 

The weakness of the organization, however, rested in the 
fact that while Massachusetts Bay possessed over three-fifths 
of the aggregate population of the Confederacy, and agreed 
to send one hundred men for every forty-five furnished by 
each of her colleagues, still her representation in the central 
body was only equal to each of the other colonies. Because 
she frequently endeavored to exercise more power than was 
allowed her under the articles, she aroused the jealousy of 
the smaller colonies and so weakened the efficiency of the 
central government. After an existence of some forty years, 
during which time the influence of the central government 
constantly declined, the Confederation was dissolved in 


208 


THE UNITED STATES GOVERNMENT 


1684. Nevertheless, its influence was doubtless felt through¬ 
out the colonial period. 

Two Proposed Plans for Uniting All the Colonies. Colon¬ 
ial conferences—some composed of delegates and some of 
officers only—were called from time to time to adjust differ¬ 
ences arising between colonies, or to organize a defense 
against a common enemy. Such was the first colonial con¬ 
gress ever called, which met in Albany in 1690 to treat with 
the Iroquois Indians against the common enemy. New 
France. 

But the trend toward co-operation was especially mani¬ 
fested in two plans, each proposing to include all the col¬ 
onies. The first was made by William Penn, in 1697. He laid 
before the Board of Trade in England, which had charge of 
the colonies, a scheme for colonial organization. The idea 
was suggested by numerous difficulties which had arisen be¬ 
tween New York and his own colonies. 

By Penn’s plan the governing body was to consist of a high 
commissioner, to be appointed by the king, who was to pre¬ 
side over a Congress and two representatives from each col¬ 
ony. This body was to have jurisdiction, not only over mat¬ 
ters of peace and war, and adjust differences between colon¬ 
ies, as was provided in the Constitution of the New England 
Confederation, but provision was made also, for the return 
of absconding debtors and the regulation of commerce. In 
time of war, the king’s high commissioner was to be “Gen¬ 
eral or Chief Commander” of the forces raised by the colon¬ 
ies. While the plan met such opposition on the part of the 
colonists that it failed of adoption still it provided the basis 
for many other schemes suggested during the following six¬ 
ty years. It also gave the term “Congress” to the framers of 
the federal Constitution and drew attention to the problem 
of commerce which became so acute that the Constitutional 


THE STEPS LEADING TO THE UNION 


209 


Convention was finally called to remedy it; and there is no 
more important clause than the one which gives to Congress 
the power to regulate commerce with foreign nations and 
among the several states, and with the Indian tribes. 

When the French became aggressive near the opening of 
the French and Indian War, the Lords of Trade called a sec¬ 
ond congress of all the colonies, at Albany, in 1754. The pri¬ 
mary purpose was to make general treaties with the In¬ 
dians in the New Ydrk region; but it was also stated in the 
call that “articles of union and confederation” would be fa¬ 
vorably considered should any such be submitted. In re¬ 
sponse, Franklin submitted a plan for the union of all the 
colonies. By it self-government was guaranteed each colony. 
The central authority was placed in the hands of a president- 
general, to be appointed by the crown, and a grand council 
composed of representatives apportioned among the colon¬ 
ies according to the amount of money annually raised by 
each, provided that not less than two nor more than seven 
members could be chosen from any one colony. 

The central government was given power to declare war, 
make peace, and attend to other matters of common interest 
to the colonies. The most striking provision of the proposed 
plan of government, however, was that the grand council, 
or representative body of the colonies, was given power to 
“lay and levy general duties, imposts and taxes.” This pro¬ 
vision allowed the general government to act directly on the 
people rather than on the colonial governments, as provided 
by previous plans. The president-general was required to 
carry into execution the acts of the council, and was to be at 
the head of the military organization of the colonies. Other 
provisions are quite similar to clauses found in our present 
federal Constitution. 

While the plan was adopted by the congress, it was re- 


210 


THE UNITED STATES GOVERNMENT 


jected by both the colonies and the Lords of Trade, each 
thinking it gave the other too much power. But it will not 
be long before the colonists will act on matters of colonial 
concern without the consent of the English government. 

The Stamp Act Congress. The Indians and the French 
had done much to force union upon the colonies, but now 
England herself is to exert the greatest influence of all. The 
French and Indian War had proven very costly, and since 
the colonists had been benefitted by England’s success, the 
mother country felt that the colonists should bear a share of 
the expense. As a consequence an effort was made to en¬ 
force more strictly the navigation laws; writs of assistance, 
or general search warrants w^re issued empowering officials 
to visit any premises and seize smuggled goods wherever 
found. A law was enacted by the British Government in 1765 
placing a stamp tax upon newspapers, books, deeds, wills 
and other legal documents. It aroused a storm of opposition 
throughout the colonies, and Massachusetts proposed that 
some concerted action be taken. In response to the sugges¬ 
tion, the representatives of nine colonies met in a colonial 
congress at New York, in October, 1765. It formulated a 
Declaration of Rights in which it was asserted that the colon¬ 
ists were subjects of the crown and entitled to the rights of 
Englishmen; that they were in no true sense represented by 
Parliament and therefore should not be taxed by Parlia¬ 
ment. While suggesting that England had the right to levy 
an external tax, such as duties, it declared that the colonial 
legislatures alone had the right to impose an internal tax, 
such as the stamp tax. This humble declaration, if such we 
may call it, was sent to the English government. It, together 
with a determined resistance to the law, caused a repeal of 
the Stamp Tax in 1766. 

Opposition to the Townshend Acts. But the repeal was 


THE STEPS LEADING TO THE UNION 


211 


accompanied by a declaration that Parliament had full pow¬ 
er “to make laws and statutes of sufficient force and validity 
to bind the colonies and people of American subjects to the 
Crown of Great Britain in all cases whatsoever.” Consistent 
with this statement, and the admission of the colonies, Par¬ 
liament, in 1767, passed the Townshend Acts. By them an 
external tax, or duty, was laid upon glass, paper, lead, paint¬ 
ers’ colors, wine, oil, and tea. The law was to be enforced by 
officials paid by the British government. Again a storm of 
opposition arose, Massachusetts leading. Its legislature, in 
a circular letter, suggested that concerted action be taken 
against the Acts. This, together with a business boycott, 
caused Parliament to repeal the tax, in 1767, except that on 
tea. 

The Committees of Correspondence. Trouble increased 
and feeling grew, the colonists realizing finally that the 
King’s oppressive policy was to be indefinitely continued. 
Experience had taught the advantage of concerted action. 
It was with little difficulty, therefore, that Samuel Adams 
persuaded the different towns of Massachusetts, in 1772, to 
select committees to correspond with each other regarding 
matters of common interest. The plan was so successful that 
it served as a model for inter-colonial committees which 
were established in most of the colonies the following year. 
These committees of correspondence aided greatly in unify¬ 
ing public sentiment, and rendering inter-colonial action 
effective, taking the place of the assemblies, when the latter 
were dissolved. 

The First Continental Congress. Matters were growing 
rapidly worse. The opposition to the tea tax culminated in 
the Boston Tea Party, in 1773. As a punishment for such 
open opposition, the port of Boston was closed, portions of 
the Massachusetts charter were suspended and a military 


212 


THE UNITED STATES GOVERNMENT 


government was set up in the colony. So united had the col¬ 
onists become in their opposition to England’s policy that 
when the Massachusetts legislature sounded a call for a con¬ 
gress, every colony except Georgia responded. Although the 
royal governors quickly dissolved the assemblies and for¬ 
bade participation in the Congress, delegates were chosen by 
colonial committees of correspondence, by conventions and 
even by legislatures, to meet in Philadelphia, in September, 
1774. 

This Congress formulated a Declaration of Rights, similar 
to the one of 1765, but stating more definitely the attitude of 
the colonies toward control by England. It made a stirring 
appeal to the colonists and issued a strong address to the 
people of England. It also provided for the calling of a sec¬ 
ond Congress. Resistance was organizing. 

The Second Continental Congress. The resistance of the 
colonies became a revolution in the spring of 1775. When the 
Second Continental Congress met at Philadelphia in May, 
the Battle of Lexington had already been fought. At first 
this body, in which all the colonies were represented, was 
merely advisory, but in time it took on the functions of a 
central government and for six years directed the common 
cause of the colonies. It provided for a continental army 
and a navy. It levied taxes, borrowed money and issued 
paper currency. It prohibited commerce with England, and 
regulated the trade with other countries. It advised the col¬ 
onies to organize state governments, and on July 4, 1776, it 
issued the Declaration of Independence. 

The Establishment of the Confederation. The separation 
from Great Britain made a union of the thirteen colonies 
necessary. When it became evident that they would declare 
their independence a committee of one member from each 
colony was appointed to draft a plan of union. After long 


THE STEPS LEADING TO THE UNION 


213 


and heated debate the Articles of Confederation were ac¬ 
cepted by Congress, in November, 1777, and sent to the states 
for ratification. Because of the intense spirit of local inde¬ 
pendence approval came slowly. It was only after five years 
of debate and effort that the last of the thirteen states rati¬ 
fied the Articles and so made the union possible? 

The Articles of Confederation declared that sovereignty 
rested in the separate states and the central government 
could exercise only powers expressly delegated to it. The 
central government consisted of a Congress, composed of 
not less than two nor more than seven delegates from each 
state. Only one vote was allowed each state upon any ques¬ 
tion. The Congress had jurisdiction over matters of national 
concern, such as war, peace, taxation, commerce; disputes 
between the states; and the control of public taxes. Under 
such authority it enacted the Ordinance of 1787.. But no 
power was given the body to enforce its decisions. 

While Congress was in session it exercised both legislative 
and executive authority; during the recess of Congress a 
committee, composed of one member from each state, ex¬ 
ercised the executive power. There was no separate execu¬ 
tive department, and no judicial department at all. Al¬ 
though the Articles of Confederation remained in operation 
from 1781 to 1789, serious defects early appeared. Small and 
large states exercised equal power in the Congress; the cen¬ 
tral body consisted of only one house; the laws once passed 
could be neither interpreted nor enforced. The Articles by 
declaring the separate states superior to the central govern¬ 
ment thereby recognized the right of the states to withdraw 
from the “league of friendship” should they at any time think 
it to their advantage. The Articles could be amended only 
by the approval of Congress and ratification by the legisla¬ 
ture of every state. This made any change quite impossible. 


214 


THE UNITED STATES GOVERNMENT 


To the thoughtful men of that day, it was evident that the 
Confederation had failed and it was only a question of time 
when a more perfect union must be established. 

REVIEW QUESTIONS 

1. Why were governments organized in the early colonies? 

2. What governments were organized? 

3. What was the earliest government established which united two or 
more colonies? Why was it organized? 

4. Discuss the two proposed plans for uniting all the colonies. 

5. Discuss the Stamp Act Congress. 

6. Describe the work of the First Continental Congress; of the Second 
Continental Congress. 

7. Describe the establishment of the Confederation. 

8. Why did the Articles of Confederation prove unsatisfactory? 

REFERENCES 

1. School Civics—Boynton, Chapter III-V, pp.40-70. 

2. The American Federal State—Ashley, Chapter IV, pp. 68-70. 

3. American History—James and Sanford, Chapters X-XII, pp. 142-195 




XXIV . THE ESTABLISHMENT OF THE FEDERAL 
GOVERNMENT 


The Constitutional Convention. The Convention called. Re¬ 
peatedly it was proposed that the Articles of Confederation 
be revised but the desire for a convention to remedy the de¬ 
fects was not wide spread. The Congress having failed to 
call a convention, Madison urged that the conference to be 
held at Annapolis, in 1786, by delegates from Maryland and 
Virginia for the purpose of regulating commerce on the Po¬ 
tomac River, be made a general meeting and that all the 
States be invited to send delegates for the purpose of dis¬ 
cussing the condition of trade and commerce throughout the 
Confederation. This was done but delegates from only five 
states were present. Hamilton urged that all the states should 
be represented and proposed that the states be urged to send 
delegates to a larger convention at Philadelphia the next 
year. This plan was adopted. 

The Constitutional Convention was called to order on the 
25th of May and adjourned the 17th of September, 1787. Of 
the sixty-two delegates appointed, fifty-five reported, and 
every state except Rhode Island was represented during 
most of the time. George Washington was unanimously 
chosen chairman. The sessions were to be secret and each 
state was to have one vote. 

The Proposed Plans. The issues before the Convention 
early divided the delegates into two parties, the conserva¬ 
tives and the progressives. The conservatives introduced a 
resolution providing for a scheme of government known as 


215 







216 


THE UNITED STATES GOVERNMENT 


the New Jersey Plan. It favored the retention of the Articles 
of Confederation, which recognized the sovereignty of the 
separate states and provided equal voting power in Con¬ 
gress. But amendments were to be made so as to give Con¬ 
gress the power to regulate commerce and levy taxes, both 
direct and indirect. That the laws might be properly en¬ 
forced an Executive was to be elected by Congress and a Ju¬ 
diciary appointed by the Executive. Provision was also 
made for the admission of new states. 

The progressives proposed the Virginia Plan. This pro¬ 
vided for a new form of government, radically different 
from the Articles of Confederation. A national government 
was to be established with legislative, executive, and judicial 
authority. The legislative department was to consist of two 
houses, the lower chosen by the voters and the upper house 
chosen by the lower from persons nominated by the state 
legislatures. 

The legislature was to have not only extensive law making 
powers, but was to elect the executive head of the govern¬ 
ment. The senate was to elect the members of the judicial 
department. Provision was made for the admission of new 
states. The central government was to exercise supreme au¬ 
thority, thus subordinating the states. While the Virginia 
Plan was strongly opposed by the conservatives, especially 
the delegates from the smaller states, nevertheless, it was 
adopted. With modifications including several important 
compromises, it became the Constitution of the United 
States. 

The Three Great Compromises. 1. The larger states de¬ 
sired that the congress be composed of representatives ap¬ 
portioned among the states according to population; the 
smaller states insisted upon equal representation. After days 
of bitter debate, it was agreed that the House of Representa- 


FEDERAL GOVERNMENT ESTABLISHMENT 


217 


tives should be composed of members apportioned accord¬ 
ing to population, and the Senate should be composed of two 
members from each state, each member having one vote. 
The larger states could thus control the lower house and the 
smaller states the upper. This made it impossible for either 
group to enact legislation without the consent of the other. 

2. As soon as it was agreed that representation in the 
lower house—and direct taxes—should be apportioned 
among the states according to population, the question at 
once arose as to the counting of the negroes. The South 
wished them counted when apportioning the representatives 
but not when apportioning the direct taxes. The North did 
not want them counted when apportioning the representa¬ 
tives but wanted them counted when apportioning direct 
taxes. The Three-fifth Compromise was finally agreed upon. 
This provided that in apportioning representatives or direct 
taxes among the states, three-fifths of the negro slaves 
should be counted. This compromise continued in operation 
until the close of the Civil War when the slaves were set free 
by the Thirteenth Amendment. 

3. The urgent need for a central government which could 
regulate the commerce of the states caused the calling of 
the Constitutional Convention. It was quite proper there¬ 
fore that the Constitution should make provision for the 
settlement of this important question. The South had good 
reason to fear that if the central government was given un¬ 
restricted power to regulate commerce it would prohibit the 
importation of slaves altogether. After the consideration of 
various plans and much discussion, it was agreed that Con¬ 
gress should be given power to regulate commerce with for¬ 
eign nations and among the several states, but that it could 
not prohibit the slave trade prior to 1808 although a duty of 
ten dollars might be levied upon each negro imported. 


218 THE UNITED STATES GOVERNMENT 

A number of other questions were seriously debated, not¬ 
ably the method of electing senators and the president and 
vice-president, but these three compromises made the draft¬ 
ing of the Constitution possible. 

The Adoption of the Constitution. When the Constitution 
was given its final form, but thirty-nine of the fifty-five dele¬ 
gates signed it. However, among the signers was to be found 
one or more delegates from each of the twelve states repre¬ 
sented in the convention. 

The Constitution was then submitted to the Congress of 
the Confederation which after eight days of ardent debate 
passed it on to the state legislatures, to be sent by them to 
state conventions for ratification as required by article VII of 
the Constitution itself. 

Although it was submitted to the states September 28,1787, 
for ratification, it was not until June 21, 1788, that the neces¬ 
sary nine states ratified it, which assured its adoption by the 
states so ratifying it. Rhode Island, the last of the thirteen 
states, withheld its approval until May 29, 1790, more than a 
year after the new government was established. 

The Authority and Purpose of the Constitution. The 
framers wisely set forth the authority and purpose of the 
Constitution in the Preamble. It declares that the central 
government rests upon the people rather than upon the 
states, and then gives six reasons for establishing the new 
Constitution. The Preamble is as follows: 

“We the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran¬ 
quility, provide for the common defense, promote the gen¬ 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this constitution 
for the United States of America.” 

The Federal Constitution. The system of federal govern- 


FEDERAL GOVERNMENT ESTABLISHMENT 


219 


ment established by the Constitution was the first of its 
kind in history. It insures to the states the advantages of 
union. This system is most flexible, yet most stable. It has 
proven so successful that it has been adopted by many for¬ 
eign countries. The individual states have become, in a very 
true sense, political laboratories working out the problems 
of woman’s suffrage, of education, of taxation and many 
other questions and giving the results to the other states. 

The principle governing the division of powers between 
the State governments on the one hand, and the National 
government on the other is stated in the Tenth Amendment: 

“The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved 
to the states respectively, or to the people 

The Federal government must show some specific or im¬ 
plied grant of power for everything it does, while a State 
government need only show that the Constitution does not 
prohibit it from doing whatever it endeavors to do. Because 
this is true the National government is said to exercise “dele¬ 
gated” powers, while the states possess “residuary” powers. 

The United States Constitution consists of seven articles, 
and nineteen amendments. 

Article I treats of the Legislative Department; 

Article II, the Executive Department; 

Article III, the Judicial Department; 

Article IV, the Privileges and Duties of the States; 

Article V, the Method of Amendment; 

Article VI, the Supremacy of the Constitution, and 

Article VII, the Ratification of the Constitution. 

The first ten amendments known as “The Bill of Rights” 
were added immediately after the ratification of the Consti¬ 
tution; the eleventh limits the jurisdiction of the Federal 
courts; the twelfth states the method of electing the Presi- 


220 


THE UNITED STATES GOVERNMENT 


dent and the Vice-president; the thirteenth, fourteenth and 
fifteenth, freed the slaves and gave them the right to vote; 
the sixteenth gives to Congress the power to levy taxes upon 
incomes; the seventeenth provides for the election of sena¬ 
tors by popular vote; the eighteenth prohibits the manufac¬ 
ture and sale of intoxicating liquors; and the nineteenth 
grants the suffrage to women. 

REVIEW QUESTIONS 

1. What led to the Constitutional Convention? 

2. Describe the proposed plans for the new government. Which was 
adopted? 

3. What were the three compromises of the Convention? 

4. Describe the steps necessary in the adoption of the Constitution. 

5. Is the federal government a union of the states or of the people? Justi¬ 
fy your answer by a statement in the Constitution. 

6. Give six reasons for adopting the Constitution. 

7. How do the powers of the national government differ from those of 
the states? 

8. Name the divisions of the Constitution. 

REFERENCES 

1. School Civics—Boynton, Chapters VI-VII, pp. 72-96. 

2. The American Federal State—Ashley, Chapter V, pp. 91-111. 

3. American Government—Macgruder, Chapter IV, pp. 40-50. 

4. American History—James and Sanford, Chapter XIII, pp. 197-213. 


XX V. THE LEGISLA TIVE DEPARTMENT— 
ITS ORGANIZATION 


Its Organization. All legislative power is vested in a Con¬ 
gress of the United States, which consists of a House of Rep¬ 
resentatives and a Senate. This plan of organization was 
agreed upon early in the Constitutional Covention. A num¬ 
ber of the colonies had found two houses satisfactory and 
the same was true of England’s experience with her Parlia¬ 
ment. Although the two houses have sometimes prevented 
the passage of desirable legislation, there is little doubt that 
we have had more satisfactory laws than if Congress had 
been composed of one house. 

The House of Representatives. The Apportionment of Rep¬ 
resentatives. The first census of the United States was taken 
in 1790 and one has been taken every tenth year since. Fol¬ 
lowing each census the House of Representatives must re¬ 
apportion its members among the states of the Union accord¬ 
ing to the population excluding the Indians not taxed; that 
is, in apportioning Representatives the Indians still living 
under their tribal organization are not counted. 

In making a reapportionment the House of Representa¬ 
tives first determines the number of members to be in the 
next House, always taking care that the representation from 
no State shall be reduced, thus providing each member 
opportunity to return. This has made necessary an increase 
in the number of members each ten years. The first House 
in 1789 contained 65 members; the number at present is 435. 
The population to be represented in the forty-eight states is 

221 



The House of Representatives 
President Wilson reading his message to the two houses 




















THE LEGISLATIVE DEPARTMENT 


223 


determined from the last census. By dividing the number of 
people to be represented by the number of members to be in 
the House, the ratio is determined. Between 1910 and 1920 
the ratio is one representative for every 211,877 persons, or 
major fraction thereof. Dividing the population of any 
State by the 211,877 determines the number of its Repre¬ 
sentatives in the House during the next decade. Each State 
is entitled to one representative regardless of population. At 
present the representation varies from one member from 
Delaware, Nevada, Arizona, Wyoming and New Mexico to 
forty-three from New York. Wisconsin has eleven. 

Each State is notified of the number of its representatives, 
and its Legislature at the next regular session, redistricts the 
State. By act of Congress these districts must be of contigu¬ 
ous territory, as compact as possible, and contain as nearly 
equal population as practicable. 

“Gerrymandering” is an unfair scheme of laying out rep¬ 
resentative districts, state or national, so as to secure a ma¬ 
jority of voters for the party in power. 

Election and Term of Representatives. The framers of 
the Constitution wished to leave to each State the right to fix 
the qualifications of its electors, so they provided that the 
person voting for the members of the House of Representa¬ 
tives “shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature , m In other 
words, those who possess the right to vote for members of 
the lower house of the State Legislature may vote for mem¬ 
bers of the House of Representatives. 

Representatives are nominated, in Wisconsin, at the Sep¬ 
tember primaries and elected the Tuesday after the first 
Monday in November each even numbered year. The term 


‘Article I, section 2, clause 1. 




224 THE UNITED STATES GOVERNMENT 

begins the 4th of March following and continues for two 
years. In case of a vacancy in the representation of any 
district, the Governor of the State calls a special election, the 
person elected serving for the unexpired term. 

Qualifications of Representatives. The important office 
of representative should be filled only by a patriotic person 
of mature judgment, well informed regarding American in¬ 
stitutions. The Constitution provides, therefore, that, “iVo 
person shall be a Representative who shall not have attained 
to the age of twenty-five years, and be seven years a citizen 
of the United States, and who shall not, when elected, be an 
inhabitant of the state in which he shall be chosen ” x 

In practice, only inhabitants of the district are chosen to 
represent it. This is unfortunate, for if men living outside 
the district were selected occasionally it would result in 
more able men entering Congress and selfish local interests 
would give way more frequently to national welfare. 

The Senate. Hs Composition. In theory the Senators rep¬ 
resent the States. To meet the demand for equal representa¬ 
tion, two Senators are chosen from each State. The Senate 
is a small body. At the beginning of our national history it 
was composed of but 26 members, at present there are 96. 

Election and Term of Senators. Senators are elected 
from the State at large. Like Representatives they are nom¬ 
inated, in Wisconsin, by the voters of each party at the Sep¬ 
tember primaries, and elected at the regular November elec¬ 
tion. They are chosen for a term of six years, one-tliird be¬ 
ing elected every two years. By dividing the senators into 
three classes, and two-thirds of them holding over at the 
time of each election, the Senate is made a permanent body 
and constitutes a steadying influence in the government. The 


Article I, section 2, clause 2. 



THE LEGISLATIVE DEPARTMENT 225 

two senators from the same State are placed in different 
classes so blit one is elected in any given year. Each Senator 
has one vote. Vacancies are filled by special election called 
by the Governor, the person elected serving for the unex¬ 
pired term. 

Qualifications of Senators. The position of Senator is 
more important than that of Representative, so the Consti¬ 
tution provides that, “No person shall he a Senator who 
shall not have attained to the age of thirty years, and been 
nine years a citizen of the United States, and who shall not, 
when elected, he an inhabitant of that state for which he 
shall be chosen . ,M 

A person of thirty is supposed to be sufficiently mature in 
judgment and understanding to be qualified to deal wisely 
with national issues. A native born citizen is assumed to be 
patriotic, and since our naturalization laws require a resi¬ 
dence of at least five years before an alien can become a citi¬ 
zen, no foreigner can become a Senator who has not resided 
in this country at least fourteen years. It is the duty of every 
loyal voter to carry into effect the spirit of this clause and 
assist in the defeat of any candidate for Congress not thor¬ 
oughly in sympathy with American ideals and institutions. 

Privileges of Congressmen. Unless charged with treason, 
felony, or breach of the peace, both Senators and Repre¬ 
sentatives are free from arrest, during their attendance at 
the sessions of their respective houses, and in going to and 
returning from the same. If congressmen are to perform the 
duties for which they are chosen they must be at liberty to 
attend the sessions. 

To the same end, it is provided that no person holding any 
office under the authority of the United States can be at the 


’Article I, section 3, clause 3. 



226 THE UNITED STATES GOVERNMENT 

same time a member of Congress. And no congressman may 
use his power to have an office created or the salary of an 
office increased and then resign his position in Congress to 
accept it. 1 

The Compensation of Congressmen. That the influence of 
the different states may be as nearly in proportion to the 
number of congressmen as possible, the Constitution pro¬ 
vides that the salaries shall be the same for Senators as for 
Representatives and that they shall be paid from the Treas¬ 
ury of the United States. Congress has power to fix the sal¬ 
aries of its own members. It has changed the compensation 
some eight times since the adoption of the Constitution. At 
present, each member of Congress receives, (1) a salary of 
$7500 a year; (2) twenty cents a mile for expenses in going 
to and returning from Washington by the most usually trav¬ 
eled route for each regular and special session; (3) $125 a 
year for stationery; (4) free office rooms; (5) free postage; 
(6) $1500 for clerk hire for Representatives and $1800 for 
clerk hire for Senators; (7) and free publication and distri¬ 
bution of speeches. Chairmen of committees in the Senate 
and House of Representatives are allowed an additional 
amount for clerk hire often ranging as high as $5000 a year. 

The Sessions of Congress. Each Congress begins on the 
fourth of March, the odd numbered years. It is, therefore, 
two years in length. The sessions begin the first Monday in 
December, each year. There are two regular sessions of each 
Congress, the “long” and the “short” session. The long ses¬ 
sion begins the first Monday in December of the odd-num¬ 
bered year and lasts usually until some time the following 
summer; the short session begins the first Monday in Decem¬ 
ber the even-numbered year and continues until noon on the 


Article I, section 6. 



THE LEGISLATIVE DEPARTMENT 


227 


fourth of March following, when the term of Representatives 
expires. Each Congress is numbered consecutively from the 
first term, which began the fourth of March, 1789. The ses¬ 
sion which begins the first Monday in December, 1922, and 
terminates March fourth, 1923, is the second session of the 
Sixty-seventh Congress. The President may call special ses¬ 
sions of Congress or of either house separately whenever he 
deems it necessary. 

Organization of Each House for Business. The House of Rep¬ 
resentatives. The House of Representatives occupies a large 
part of the south wing of the Capitol at Washington and the 
Senate occupies a smaller room in the north wing of the 
same building. The first Monday in December, each odd 
numbered year, the House of Representatives is entirely re¬ 
organized. The clerk of the preceding House receives the 
credentials of all members elected. When the hour arrives 
for organization he calls the roll of members properly chos¬ 
en and, if a quorum is present, they proceed to the election 
of a Speaker. After his election, he takes the oath of office, 
and then administers it to the other members in groups by 
States. Then follows the election of the Chief Clerk and 
other officers including a Sergeant-at-Arms, Doorkeeper, 
Postmaster and Chaplain, none of whom is a member of the 
House. About 60 committees, varying in membership from 
5 to 18, are next elected. The important committees are the 
Ways and Means Committee, which has charge of bills for 
raising revenue; the Committee on Appropriations, which 
has charge of bills providing for expenditures; the Commit¬ 
tee on Rules; the Committee on Foreign Affairs; on Military 
Affairs; on Naval Affairs; and on Post-office and Post Roads. 
The majority of members comprising each committee are 
always of the dominant party. Having completed the elec- 



228 


THE UNITED STATES GOVERNMENT 


tion of officers and committees, the House is ready for busi¬ 
ness. 

The Senate. The Senate is a continuous body and no re¬ 
organization is necessary. When a new Congress opens, the 
Vice-President takes the chair and calls the Senate to order. 
The Secretary, Chief Clerk, Sergeant-at-Arms, Doorkeeper, 
Postmaster, Chaplain and Librarian, also take their offices, 
a president pro tempore is elected, the new Senators are 
sworn in, the committees, some sixty in number, are elected 
and the Senate is ready for business. The committees are 
composed of from 9 to 11 members. Some of the more im¬ 
portant are the Finance Committee, which considers all bills 
for raising revenue; the Committee on Appropriations; the 
Committee on Foreign Relations; on Military Affairs; on 
Naval Affairs; on Commerce; and the Judiciary Committee. 

Membership and Quorum. Often it is claimed that a per¬ 
son holding a certificate of election has not been legally chos¬ 
en or that he lacks the qualifications for membership. Each 
House is made judge of the elections, returns, and qualifica¬ 
tions of its own members. 1 A contested election in either 
House is referred to its committee on Elections, which hears 
the testimony and reports its decisions to the House. By a 
majority vote the House decides the case. 

A majority of each House constitutes a quorum to do busi¬ 
ness; but a smaller number may adjourn from day to day, 
and may compel the attendance of absent members. 1 A ma¬ 
jority is one more than half. The number who may adjourn, 
and compel the attendance of absent members is fixed in the 
House of Representatives at fifteen. 

Rules of Procedure and Discipline. Each House is giv- 


‘Article I, section 5, clause 1. 



THE LEGISLATIVE DEPARTMENT 


229 


en authority to determine its own rules of business proced- 
ure. The time is carefully divided, and the work in each 
House, is thoroughly systematized. The order of business is 
much the same as that described in Robert’s Rules of Order. 

Each House has the right to preserve order, punish its 
members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 1 Order must be preserved 
that business may be carried on. For minor offenses, mem¬ 
bers may be punished by reprimand, imprisonment or fine; 
and, for the more serious offenses, they may be expelled. 
This is the only method by which they can be removed from 
office. They are not subject to impeachment because they 
are state, and not United States, officers. 

The Journal. Each House must keep a journal of its pro¬ 
ceedings and publish the same from time to time, except 
such parts as it may deem wise to keep secret. Should one- 
fifth of those present in either House request it, the vote of 
each member upon any question must be entered on the 
journal. 

The journal is the official record of the proceedings of the 
House. It is read at the opening of each day’s session. A 
report of the meetings, including the debates is published 
daily in the Congressional Record. 

The public is admitted to the galleries of each House, and 
the newspapers publish the important doings of Congress. 
We have, therefore, little excuse for being uninformed. 

In the House of Representatives, the members vote by ac¬ 
clamation; (2) by division, when the members for and 
against a measure stand and are counted; (3) and by “yeas 
and nays” when the roll is called and each member’s vote is 
recorded. The third method must be employed whenever 


‘Article I, section 5, clause 2. 




230 


THE UNITED STATES GOVERNMENT 


one-fifth of the members request it. The Senate always 
votes by “yeas and nays,” 

The Passage of a Bill. In Congress the steps in the pass¬ 
age of a bill are very much the same as those in our State 
Legislature. The bill is introduced by the member handing 
it to the Speaker, if it is a public bill, and to the Clerk if it is 
a private bill. It is immediately referred to the proper com¬ 
mittee. The committee may “pigeon-hole” the bill, that is 
give it no consideration at all; or it may hold hearing, exam¬ 
ine witnesses, confer with interested persons, amend the bill, 
report it for passage or for indefinite postponement. The 
meetings are in the committee room and are commonly open 
to the public but are sometimes secret. With thousands of 
measures to be considered each session, the committee sys¬ 
tem is a necessity, and in the committees the important busi¬ 
ness of the House must be transacted. The committees exer¬ 
cise very great influence upon legislation, their recommenda¬ 
tions being ratified in the vast majority of cases. 

The Committee on Rules, consisting of five members, pre¬ 
pares the daily calendar for the House and so determines 
what bills reported by the regular committees shall receive 
consideration. Once upon the calendar, a bill passes to a 
second reading, engrossment, and a third reading much the 
same as a bill in our State Legislature. 

When a bill has passed both Houses of Congress it is sub¬ 
mitted to the President of the United States; if he approves, 
he signs it; but if not, he returns it, with his objections, to the 
House in which it originated. If, after full consideration, 
two-thirds of the members of each House agree to pass it, the 
bill becomes a law the same as if the President had signed it. 
And if any bill is not returned by the President within ten 
days (Sundays excepted) after it is presented to him, it be- 


THE LEGISLATIVE DEPARTMENT 


231 


comes a law the same as if he had signed it, unless Congress 
by its adjournment prevents its return, in which case it does 
not become a law. 1 


REVIEW QUESTIONS 

1. Wliat is the law-making department called? Of how many Houses is 
it composed? Why two Houses? Name them. 

2. How are Representatives apportioned? 

3. Who are qualified to elect them? 

4. What are the qualifications of Representatives? 

5. How many members in the United States Senate? How are they 
elected? 

6. What are the qualifications of Senators? 

7. What privileges are enjoyed by Congressmen? 

8. What compensation do they receive? 

9. When does a new Congress meet? How are the Congresses desig¬ 
nated? How are the Sessions designated? 

10. Describe the method of organizing each House for business. How 
many must be present to do business? 

11. What jurisdiction has each House over its memebrship? Over its 
rules of procedure? Over its discipline? 

12. What is the journal? 

13. Describe the steps in the passage of a bill. 

PRACTICAL POINTS 

1. When was the last United States census taken? With the population 
given determine the number of Representatives from Wisconsin. 

2. In which congressional district do you live? What counties comprise 
it? What is its population? Who is your representative? To what party 
does he belong? When was he elected? (See Wisconsin Blue Book.) 


‘Article I, section 7, clause 2. 




232 


THE UNITED STATES GOVERNMENT 


3. What is the number of the present Congress? (The number of any 
congress can be determined by subtracting 1789, the year the first Congress 
met, from the year in which the number is desired ends and dividing the 
remainder by two.) 

4. Who are your Senators? When was each elected? How long has each 
been in the Senate? To what party does each belong? 

5. Which political party controls the House of Representatives at pres¬ 
ent? Which the Senate? What is the majority in each? 

6. What are the arguments for and against the popular election of Sena¬ 


tors? 


7. Give the arguments for and against the election of women to Congress. 


REFERENCES 


1. Our Government—James and Sanford, Chapter VII, pp. 50-63. 

2. American Government—Macgruder, Chapter V, pp. 53-65; Chapter VII, 
pp. 89-100. 

3. The American Federal State—Ashley, Chapter VH, pp. 245-64. 

4. American Government and Polities—Beard, Chapter XU, pp. 231-52. 








XXVI. THE POWERS OF CONGRESS 


Kinds of Powers. As we have already learned. Congress 
exercises only delegated powers. Yet these powers are di¬ 
vided very properly into two kinds or classes— expressed 
and implied. The expressed powers are those specifically 
enumerated in the Constitution; and the implied powers are 
those “necessary and proper’ to carry the expressed powers 
into execution. The limits to congressional authority have 
always been a subject of controversy. Persons favoring 
strong state governments, like Thomas Jefferson, have insist¬ 
ed upon a strict construction of the Constitution, interpret¬ 
ing the delegated powers literally; while those favoring a 
strong National government like Washington and Lincoln, 
have insisted upon a liberal interpretation of congressional 
powers. Fortunate for the loose or liberal constructionists. 
Chief Justice Marshall, who dominated the Supreme Court 
from 1800 to 1835, was of their party, and laid a broad foun¬ 
dation for the functions of the central government. 

Financial Powers. The financial powers have to do with 
the getting and spending of money. The Constitution pro¬ 
vides that “ The Congress shall have power to lay and collect 
taxes, duties, imposts and excises, to pay the debts and pro¬ 
vide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be 
uniform throughout the United States.’" Taxes are of two 
kinds_direct and indirect. Direct taxes are those in which 


‘Article I, section 8, clause 1. 


233 




The Senate Chamber 
Capitol at Washington 


























































THE POWERS OF CONGRESS 


235 


the immediate taxpayer and the ultimate taxpayer are the 
same person. That is the person who pays the tax to the 
government is the one who finally bears the burden, he being 
unable to shift its payment to someone else. Taxes upon 
lands, buildings, movable property and persons is of this 
kind. Indirect taxes are those in which the immediate and 
the ultimate taxpayers are different persons; that is, the 
person who pays the tax to the government is able to shift 
the actual payment to some one else. Taxes upon goods im¬ 
ported, and upon goods made and sold in the United States 
are of this kind. The selling price is made high enough to 
include the tax. 

Direct Taxes have been levied by the National government 
only in times of great emergency—five times in our nation’s 
history. No direct taxes, except those upon incomes, have 
been levied since the Civil War. Direct taxes must be appor¬ 
tioned among the states according to population, except in¬ 
come taxes which were made an exception to this rule by the 
adoption of the sixteenth amendment in 1913. With wealth 
so unequally distributed, this apportionment of taxes in pro¬ 
portion to population works such injustice that Congress 
doubtless will never again levy a general direct tax. But a 
tax upon incomes has been levied since 1916. Upon net in¬ 
comes in excess of $3000 a year for single persons, and $4000 
for those married, a progressive rate is levied beginning at 
2% and increasing with the amount of taxable income. The 
tax has proved so successful that it will doubtless be retained 
as a permanent part of the Federal tax system. 

Indirect Taxes are of two kinds—duties and excises. Du¬ 
ties are levied upon commodities imported from foreign 
countries. They are also of two kinds: specific duties, which 
are levied upon the measure or weight of goods; and ad va¬ 
lorem, which are levied upon their value. Sometimes the 


236 


THE UNITED {STATES GOVERNMENT 


same commodity is taxed by both methods at once. A tariff 
bill enumerates the articles to be taxed and fixes the rate to 
be charged. Such bills are among the most important mea¬ 
sures enacted by Congress. A prohibitive tariff is one which 
places the duty so high that it does not pay to import the ar¬ 
ticle; a protective tariff is one high enough to make it profit¬ 
able to produce the article in this country; a revenue tariff is 
one which is neither too high nor too low to yield a good 
revenue to the government; and free trade exists when there 
is no tariff at all. 

Excises , or internal revenue duties, are taxes levied upon 
goods produced and sold in the United States, such as tobac¬ 
co, oleomargarine, and playing cards. A license tax is also 
charged for carrying on certain kinds of business. Such is 
the “Corporation Tax,” which is a tax of 2% levied upon the 
income of business organizations for the privilege of operat¬ 
ing as corporations. 

For convenience in levying and collecting excise taxes, the 
United States is divided into internal revenue districts. An 
internal revenue collector is placed at the head of each dis¬ 
trict, and with the assistance of many subordinates, levies 
and collects the internal revenue taxes. 

Imposts is a term used vaguely in the Constitution with the 
apparent intention of including any kind of indirect taxes 
that anyone could claim is not covered by the words duties 
and excises. 

Limitations Upon the Taxing Power are very properly 
made. Not only are direct taxes apportioned among the 
states according to population, but duties, excises, and im¬ 
posts must be uniform throughout the United States. The 
duty upon an imported commodity must be the same at all 
ports of entry, and the excise tax upon an article manufac¬ 
tured and sold in the United States, like tobacco, must be the 


THE POWERS OF CONGRESS 


237 


same in all parts. In order that our producers may have the 
best possible opportunity to meet their competitors in a for¬ 
eign market, export duties are prohibited. 

Finally Congress is denied the right to tax the people ex¬ 
cept for three purposes: (1) to pay the debts of the United 
States; (2) to provide for the common defense; (3) and to 
promote the general welfare. Although these provisions 
seem to restrict the taxing power of Congress, still the limita¬ 
tions are more apparent than real. Congress may borrow 
money for any purpose it sees fit, and levy a tax to pay the 
debt; or taking advantage of its right to define “general wel¬ 
fare” it may give a very wide range to the taxing power. But 
the levying of taxes to be squandered for the benefit of cer¬ 
tain individuals, as in monarchies, or for the benefit of one 
state to the exclusion of others is clearly prohibited. 

The Power to Borrow Money on the credit of the United 
States is an important function of Congress. 1 During ordi¬ 
nary times the annual taxes are sufficient to meet current ex¬ 
penses, but on extraordinary occasions, like the winning of 
the Civil War, the building of the Panama Canal, or the wag¬ 
ing of the World War, the usual revenues are insufficient 
and Congress meets the additional needs by borrowing 
money. The ordinary method of borrowing money is 
by the sale of bonds. Bonds of the government are similar 
to the promissory notes of individuals. United States 
bonds are of two kinds—registered and coupon. A regis¬ 
tered bond is recorded in the United States Treasury to¬ 
gether with the name and address of the owner. If the 
owner sells the bond he must notify the proper official at 
Washington and have the transfer recorded on the books. 
No one except the owner can collect the bond or the in- 


’Article I, section 8, clause 2. 



238 


THE UNITE*D STATES GOVERNMENT 


terest upon it. It is, therefore, safe against loss as well 
as against theft. A coupon bond is not recorded at Wash¬ 
ington but is bought and sold like ordinary property. 
The government pays the bond or interest coupon when due 
to any person who presents it. Such bonds are in danger of 
being lost or stolen like any personal property. The credit 
of the United States is so good that it has been able to borrow 
money at a rate of interest as low as two per cent. 

The Spending of Money is limited by a Constitutional pro¬ 
vision which declares that no money shall be drawn from 
the Treasury except as is authorized by an appropriation 
made by law; and a regular statement of receipts and expen¬ 
ditures must be published from time to time. 1 The public is 
thus made acquainted with the facts and may act intelligent¬ 
ly upon matters of governmental expenditures. 

Commercial Powers. Congress is given power to regulate 
commerce with foreign nations. 1 This is one of its most im¬ 
portant functions. It is this right that enables Congress to 
declare the conditions under which ships may engage in for¬ 
eign commerce under the American flag. It prescribes the 
regulations necessary for the protection of the life and 
health of passengers. Under this power the importation of 
slaves was prohibited in 1808. Congress, at present, prohibits 
the importation of many articles such as adulterated foods, 
diseased vegetables or animals, and lottery tickets. Congress 
also prohibits the exportation of certain goods, as the white 
or yellow phosphorus matches. And, it was under the power 
to regulate commerce, that Congress passed the Embargo Act 
of 1807; however, the constitutionality of the step has always 
been questioned. 

Congress has power to regulate commerce among the sev- 


1 Article I, section 9, clause 7. 2 Article I, section VIII, clause 3. 



THE POWERS OF CONGRESS 


239 


eral States. 1 The annoying problems of intercolonial trade 
led to the adoption of the Constitution. But it would be in¬ 
correct to think that trouble ceased as soon as Congress was 
given the authority to regulate interstate commerce. River 
and lake navigation; steam railways; electric lines; tele¬ 
graph; and the telephone, have each supplied its group of 
perplexing problems. The conflict of State and Federal au¬ 
thority in matters of commerce has been a never ending 
source of trouble. 

To make the Federal regulation more efficient the Inter¬ 
state Commerce Commission was established in 1887. It 
consists of eleven members appointed by the President and 
Senate. It is the duty of this Commission to administer the 
laws relative to all common carriers engaged in interstate 
commerce. Its supervision includes both the interpretation 
and the application of the laws. 

It is under the right to regulate commerce, that Congress 
has prohibited interstate trade in dangerous explosives, dis¬ 
eased cattle and impure foods. It is under the same right 
that Congress has enacted anti-trust laws, notably the Sher¬ 
man law of 1890, which prohibits contracts, or combinations 
in restraint of trade, or commerce, among the several States, 
or with foreign nations. The purpose of this act is to abolish 
all trusts and monopolies and preserve freedom of competi¬ 
tion in business. This, it is believed, will develop most fully 
our industrial life. 

Congress has power to fix the standards of weights and 
measures. Congress has never established a system of 
weights and measures although it undoubtedly has the right 
to do so. Our forefathers brought the English system of 
weights and measures with them and no attempt has been 


‘Article I, section 8, clause 3. 



240 


THE UNITED STATES GOVERNMENT 


made to alter these. However, Congress has authorized the 
use of the metric system but has not insisted upon its adop¬ 
tion. The power to fix the standard of weights and measures 
is left to the State legislatures. 

Congress has the power to coin money, regulate the value 
thereof, and fix the value of foreign coins. 1 Congress has 
established mints at Philadelphia, New Orleans, Denver and 
San Francisco for the coinage of copper, nickel, silver and 
gold coins. It has also provided for the making of various 
kinds of paper money, including United States notes, or 
“greenbacks” as they are popularly called, gold and silver 
certificates, federal reserve notes and several other forms. 
States are denied the right to coin money. This ensures a 
uniform currency throughout the United States. Congress 
has fixed the value of foreign coins when offered in payment 
of taxes, or duties, but nothing has been done to regulate the 
value of foreign coins in the payment of private debts. 

National banks are organized by individuals under nation¬ 
al laws for the conduct of ordinary banking operations. Fed¬ 
eral Reserve Banks, twelve in number, are established in 
the twelve federal reserve districts into which the United 
States has been divided. These banks, by the issue of federal 
reserve notes and the exercise of other powers, place more 
money into circulation when honest business men demand it 
thus preventing financial crises, and hard times. The plan 
has met with remarkable success. 

Farm Loan Banks, also twelve in number, one located 
in each of the twelve districts into which the United States is 
divided, loan money to farmers on easy terms and at a low 
rate of interest. The purpose is to encourage the purchase 
and improvement of farm lands. 


*Article 8. clause 5 (in part) 



THE POWERS OF CONGRESS 


241 


Congress has power to provide for the punishment of 
counterfeiting the securities and current coin of the United 
States' Under the authority conferred by this clause, Con¬ 
gress has enacted laws providing for the severe punishment 
of anyone counterfeiting United States coins, paper money, 
bonds, stamps or other securities. A considerable force of 
secret service men is employed constantly to detect and 
bring to trial persons suspected of the serious crime of coun¬ 
terfeiting. 

Congress is given power to establish uniform laws on the 
subject of bankruptcies * Men in business are likely, at times, 
to become financially involved and unable to pay their debts. 
A bankruptcy law permits a person to turn over what prop¬ 
erty he has to be distributed upon a percentage basis among 
his creditors. He is then released from the remainder of his 
ordinary debts and thus permitted to get a new start in busi¬ 
ness. Many of our states have enacted bankruptcy laws, but 
in 1898, Congress enacted the present Federal Act which su¬ 
perseded all the state bankruptcy laws. 

Postal Powers. Congress has power to establish postoffices 
and post-roads' This power affects vitally the daily life of 
every citizen. The low rates of postage and the free delivery 
of mail in city and country has done much to increase the 
general intelligence of the people. The establishment of the 
parcel post has greatly expanded the possibilities of busi¬ 
ness, and the postal savings-banks have greatly encouraged 
economy especially among those of limited incomes. The 
Postmaster-General, who is a member of the President’s 
Cabinet, is in charge of this rapidly growing department. 


’Article I, section 8, clause 6. 
'Article I, section 8, clause 4. 
'Article I, section 8, clause 7. 



242 THE UNITED STATES GOVERNMENT 

War Powers. Congress has power to declare war, to raise 
and support armies, and to provide and maintain a navy' 
But no appropriation for the support of the army can be for 
longer than two years. Congress, also, makes rules for the 
government of the land and naval forces; and detailed pro¬ 
visions concerning captures on land and water. The organ¬ 
ization of the army and navy, and the equipment and main¬ 
tenance of them is most complete. In time of war, the cap¬ 
ture of ships and of contraband goods, that is arms or ar¬ 
ticles that directly help to carry on war, is a most important 
question and so has received most careful regulation by 
Congress. 

Congress has power to provide for calling forth the mili¬ 
tia; for organizing, arming, and disciplining the same; and 
for governing such part of them as may be employed in the 
service of the United States. * 2 But the militia can be called 
into the United States service for but three purposes—(1) to 
execute the laws; (2) to suppress insurrections; and (3) to 
repel invasions. 

Patents and Copyrights. Americans are naturally inven¬ 
tive. Yet, the government has greatly stimulated their in¬ 
ventive genius by issuing patents to protect the inventors. A 
patent is granted for seventeen years, and may be extended 
only by special act of Congress. During the term of the pat¬ 
ent the inventor has the exclusive right to manufacture, sell 
or dispose of his invention. For granting a patent, a fee of 
$35.00 is charged. Petitions for patents are addressed to the 
Commissioner of Patents who is in charge of the patent of¬ 
fice at Washington. 

Copyrights are secured from the Librarian of Congress. 


^Article I, section 8, clauses 11-14. 

2 Article I, section 8, clauses 15-16. 



THE POWERS OF CONGRESS 


243 


For the small fee of $1.00, an author may have his book, ar¬ 
ticle, or map copyrighted, a composer his music, or an artist 
his picture. A copyright gives the owner exclusive right to 
produce and sell his work for a period of twenty-eight years 
and the right may be extended for twenty-eight more. The 
fine arts, including literature, music, painting and sculpture, 
have been greatly encouraged by the copyright. 

Naturalization. Congress has power to establish an uni - 
form rule of naturalization .* Naturalization is a process by 
which a citizen of one country becomes a citizen of another. 
The fact that England had one process of naturalization and 
the United States another furnished one of the chief causes 
for the War of 1812. A foreigner may become a citizen of 
the United States in any one of several ways. If he is twenty- 
one, he may go before a clerk of a State or United States 
court, any time he wishes, and swear that it is his intention 
to renounce his allegiance to the country of which he is a 
citizen and become a citizen of the United States. Then, not 
less than two years after taking this first step, provided he 
has been in the country five years, he is required to appear in 
open court and, under oath, renounce all allegiance to any 
foreign power and swear that he will support the Constitu¬ 
tion of the United States. The document giving evidence of 
his first step is called his “first papers” and that giving evi¬ 
dence of his second step is called his “second papers.” 

A woman may become naturalized by the same process as 
a man. If a married man becomes naturalized, his wife, and 
his children under twenty-one, become citizens. Congress, by 
a single act, has given citizenship to an entire tribe of Indi¬ 
ans, as the Stockbridge Indians in Wisconsin. In like man¬ 
ner it has naturalized aliens occupying territory acquired 


‘Article I, section 8, clause 4 (in part) 



244 


THE UNITED STATES GOVERNMENT 


by the United States, as was true at the time of the Louisiana 
purchase and the annexation of Texas. It has been our prin¬ 
ciple to admit to citizenship peoples of all races, but in re¬ 
cent years we have denied to certain Orientals, including the 
Chinese, the Japanese, Burmese and the East Indians, the 
right to enter the United States, and in so doing we have 
made it impossible for them to become citizens. The justice 
of such action has been seriously questioned. 

Implied Powers. Realizing no group of men could foresee 
all legislative authority necessary to establish an efficient 
government, the framers of the Constitution closed the state¬ 
ment of the powers granted to Congress with an elastic 
clause. It gives to Congress the right to make all laws neces¬ 
sary for carrying into execution the foregoing powers and all 
other powers vested by the Constitution in the Government 
of the United States or in any department or officer thereof. 1 
The tendency of the party in power has been to construe this 
clause liberally, so Congress has established a United States 
bank, carried on internal improvements, levied a prohibitive 
tariff and purchased territory. 

Powers Denied Congress. Although Congress exercises only 
delegated and implied powers still it was thought wise to ex¬ 
pressly deny it certain powers in order to safeguard the 
rights of citizens. The Constitution declares, therefore, that 
no bill of attainder or ex post facto law shall be passed. The 
writ of habeas corpus cannot be suspended unless, in case of 
rebellion or invasion, the public safety may require it. Free¬ 
dom of speech or press cannot be abridged; and the right 
of the people peaceably to assemble, and to petition the gov¬ 
ernment for a redress of grievances can not be denied. Con¬ 
gress must not restrain freedom of religious worship. The 


Article I, section 8, clause 18. 





THE POWERS OF CONGRESS 


245 


rights of accused persons before trial, and during trial, are 
carefully guarded against possible abuse by the National 
government by a series of provisions . 1 

The Powers of Each House Separately. Believing that the peo¬ 
ple should retain control of the purse strings of the nation, 
and that the lower House more directly represents the peo¬ 
ple than does the Senate, the Constitution provides that all 
bills for raising revenue must originate in the House of Rep¬ 
resentatives. But the Senate by exercising its right to amend 
bills has caused this power to be of little importance. 

All civil officers of the United States are subject to im¬ 
peachment. The House of Representatives has the power to 
impeach them, that is prefer charges against them, and the 
Senate has the power to try impeachment cases . 3 The Senate 
has the power to confirm appointments of important Federal 
officers made by the President and also to approve treaties 
made by him with foreign powers. 

REVIEW QUESTIONS 

1. What kinds of powers are exercised by Congress? 

2. What are the two general kinds of taxes? Define and illustrate each. 

3. What direct taxes may be levied by Congress? What limitations are 

placed by the Constitution upon the levying of direct taxes? How are di¬ 
rect taxes levied and collected? 

4. What kinds of indirect taxes are levied by the United States? What 
limitations are placed upon the levy of indirect taxes? How are indirect 
taxes levied and collected? 

5. May Congress raise money by any other method than taxation? 

6. What limitations are placed upon the spending of money? 

7. What powers has Congress over commerce with foreign nations? Be¬ 
tween the States? 

8. What other commercial powers are exercised by Congress? 

9. Discuss the postal powers of Congress. 


‘See the first ten amendments. 
'Article II, section 4. 





246 


THE UNITED STATES GOVERNMENT 


10. Describe the patent and copyright laws of the United States. 

11. Discuss the military powers of Congress. 

12. How may a foreigner become a citizen of the United States? 

13. What powers are expressly denied Congress? 

14. Discuss the powers exercised by each House separately. 

PRACTICAL POINTS 

1. How much taxes does your father pay to the State? Enumerate the 
thiugs the State does for your family in return for the taxes. 

2. What taxes does your family pay to the United States? What bene¬ 
fits does it receive in payment for these taxes? 

3. Which do you think the more just, direct or indirect taxes? Give your 
reasons. 

4. What are the advantages of giving Congress power to regulate com¬ 
merce with foreign nations? 

5. What are the advantages in giving Congress power to regulate com¬ 
merce between the several states? 

6. Why should Congress coin our money? Name the different kinds of 
coins; of paper money. 

7. Do you know of any business organization which has raised prices 
unnecessarily high? Should they be permitted to do so? Give your reasons. 
Has the government of the United States done anything to prevent high 
prices? 

8. What services does the Post Office render your family? 

9. Name some of the important patents in the United States. Do you 
know any person who has secured a patent? 

10. D® you know any person who has secured a copyright? 

11. Has the tariff affected your family in any way? If so how? Should 
we have a protective tariff, a tariff for revenue or free trade? Give your 
reasons. 

REFERENCES 

1. American Government—Macgruder, Chapter VI, pp. 69-88. 

2. The American Federal State—Ashley, Chapter XIII, pp. 268-281. 

3. Our Government—James and Sanford, Chapters X-XII, pp. 83-114. 


XXVII. THE EXECUTIVE DEPARTMENT— 

ITS ORGANIZATION 

The Importance of the President. The executive power 
is vested in a President of the United States. He is the most 
conspicuous official in our country and indeed, one of the 
most conspicuous in the world. His preeminence at home 
is due in part to the fact that once every four years his elec¬ 
tion becomes the center of popular interest. Throughout the 
campaign covering several months his character, qualifica¬ 
tions and the principles and policies for which he stands are 
sharply discussed by advocates and opponents. Following 
the election he is considered the leader of his party, being 
its chief spokesman, and is held responsible for the enact¬ 
ment into law of the pledges made in the party platform. 
The President dominates official aff airs in Washington and 
exerts a distinct influence throughout the states, territories 
and possessions of the United States, wherever federal offi¬ 
cers are found. He officially represents our nation in all 
foreign relations, performing the duties through the Secre¬ 
tary of State. Expression of his authority as made in foreign 
countries through our representatives at the various foreign 
courts and through consuls located in the chief cities 
throughout the civilized world. 

In contrast to the governors of our states, the President 
holds a unique position. Of the federal executive officers, he 
is the only one elected; all others are appointed. He is at 
the head of the Executive Department. He appoints, some¬ 
times with the consent of the Senate, and he may remove, 


247 


248 


THE UNITED STATES GOVERNMENT 


the officials who assist him in the enforcement of Federal 
laws. The members of his Cabinet are his advisers and the 
United States marshals and district attorneys, the internal 
revenue collectors and custom house officers with thousands 
of others are his assistants. The governor of any one of our 
commonwealths, on the other hand, occupies no such posi¬ 
tion. He is but one of the several elected State officers. Prop¬ 
erly, he cannot be designated as the executive since by Con¬ 
stitution and statutes the Secretary of State, the State Treas¬ 
urer, the Attorney General, and the other executive officers 
are not made subject to his will, but are required to perform 
their own specified duties. In the carrying out of their tasks 
they commonly are not required to confer with the governor, 
much less assist him. Then, too, the county sheriffs, city 
mayors, town chairmen, and the constables who have no 
small part in the enforcement of law are elected by the vot¬ 
ers of the local units and are primarily interested in serving, 
not the State, but their own political division. Such decen¬ 
tralization of administrative power makes it quite impos¬ 
sible to think of the governor and the other chief officials of 
the commonwealth as comprising an executive department 
in the same sense as do the President of the United States 
and his aids. 

The Nomination and Election of President and Vice-President. 
The method of electing the President and Vice President was 
a much debated subject in the Constitutional Convention. It 
was finally agreed that they should be elected not directly, 
but indirectly, by the people. Accordingly provision was 
made whereby the voters should elect a college of electors 
and they should elect the President and the Vice President. 

Each State is privileged to select, in any manner it sees fit, 
a number of electors equal to the number of its Representa¬ 
tives and Senators in Congress. It was the original intention 


THE EXECUTIVE DEPARTMENT 


249 


that these electors should use their own judgment in the se¬ 
lection of the President and Vice-President. But this is no 
longer true. The National Conventions now nominate the 
party candidates and the electors pledge themselves to vote 
for them. 

The Nomination of the Presidential Candidates has be¬ 
come of prime importance. Each of the political parties holds 
a National Convention in some important city during the 
early summer before the presidential election. To each con¬ 
vention the members of the party residing in each State is 
privileged to send twice as many delegates as that State has 
Senators and Representatives in Congress. For example, 
since Wisconsin has thirteen members in Congress, the Re¬ 
publicans of Wisconsin are entitled to send twenty-six dele¬ 
gates to the Republican Convention; the Democrats twenty- 
six delegates to the Democratic Convention and the members 
of each of the other parties the same number to their respec¬ 
tive party conventions. In Wisconsin, each party elects its 
delegates to the National Convention at the preceding spring 
election, the first Tuesday in April. 

The Convention , always of nation-wide interest and im¬ 
portance, performs three important duties. 1. It nominates 
the party candidates for President and Vice-President. 2. It 
frames the party platform. 3. And it appoints a National 
Committee, which consists of one member from each State. 
Its chairman is commonly designated by the Presidential 
candidate. This committee conducts the campaign, appoints 
the speakers, secures the necessary funds, and distributes 
party literature. The committee also looks after the party 
interests during the following four years and arranges for 
the next National Convention. 

The Presidential Election Consists of Several Steps. Each 
State is entitled to as many electors as it has Representatives 


250 


THE UNITED STATES GOVERNMENT 


and Senators in Congress. In Wisconsin each party nomi¬ 
nates its candidates for the presidential electors at the regu¬ 
lar Primary Election the first Tuesday in September, preced¬ 
ing the general election. The names of the electors, headed 
by the names of the party candidates for President and Vice- 
President, are then placed upon the Australian ballot to be 
used at the November Election. At this election each person 
votes for the electors of his party. The political party which 
polls the largest number of votes in a State elects its presi¬ 
dential electors, unless the election is close when one or 
more of the electors on a minority ticket may run ahead of 
some of the candidates on the majority ticket and thus ob¬ 
tain the election. But this rarely happens. 

The electors meet at the Capitols of their respective states, 
the second Monday in January following, and vote by ballot 
for President and Vice-President. They then make distinct 
lists of all persons voted for as President and of all persons 
voted for as Vice-President and of the number of votes for 
each. These lists are signed by each presidential elector, 
certified by the Governor, sealed and sent to Washington to 
the President of the Senate. On the second Wednesday in 
February the two Houses of Congress meet in joint session, 
and in their presence the President of the Senate opens all 
the certificates, counts the votes and announces the candi¬ 
dates for President and Vice-President who have received 
the majority of the electoral votes, declaring them duly elect¬ 
ed. 

If no candidate for President receives a majority of the 
electoral votes, the House of Representatives elects one of 
the three receiving the highest number, the Representatives 
from each State having one vote. A quorum necessary for 
such an election consists of a member or members from two- 
thirds of the states and a majority of all the states is neces- 


THE EXECUTIVE DEPARTMENT 


251 


sary to a choice. If no candidate for Vice-President receives 
a majority of the electoral votes, the Senate chooses one 
from the two highest on the list. Two-thirds of the Senators 
constitute a quorum for the election and a majority of all 
elected is necessary to a choice. 

The election of President and Vice-President, although 
modified by the Twelfth Amendment, is still very unsatis¬ 
factory. Since the electors are pledged to certain candidates, 
the freedom of choice which it was intended they should ex¬ 
ercise no longer exists. Do you not think the President and 
Vice-President should be elected directly by the voters of the 
United States? 

The Term of the President and Vice-President. The President 
and Vice-President take office the fourth of March following 
their election. On Inauguration Day the President takes his 
oath of office declaring that he will faithfully execute the 
office of President of the United States, and to the best of his 
ability, preserve, protect and defend the Constitution of the 
United States. 1 He then delivers his inaugural address, which 
outlines the policy of his administration. He serves for a 
term of four years. Nothing in the Constitution limits the 
number of terms a person may serve but custom has fixed 
the number at two. President Washington refused election 
for a third term and the precedent has been followed ever 
since. 

Vacancies. A vacancy in the office of President may occur 
in any one of several ways; by death, resignation, removal 
from office or inability to perform the duties due to illness. 
When a vacancy occurs the duties devolve upon the Vice- 
President. In the case of the inability of both the President 
and Vice-President to serve, the members of the cabinet, if 


‘Article II, section 1, clause 7. 



252 


THE-UNITED STATES GOVERNMENT 


qualified, shall serve in the following order: (1) Secretary of 
State; (2) Secretary of the Treasury; (3) Secretary of War; 
(4) Attorney-General; (5) Postmaster-General; (6) Secre¬ 
tary of the Navy; and (7) Secretary of the Interior. 

Qualification of President and Vice-President. With the very 
great trust and responsibility reposed in the President of the 
United States, it is little wonder that the framers of the Con¬ 
stitution inserted a clause providing that no person except a 
natural born citizen, or a citizen of the United States at the 
time of the adoption of the Constitution, should be eligible to 
the office of President; and that no person should be eligible 
to the office who has not attained to the age of thirty-five 
years, and been fourteen years a resident of the United 
States. Since the Vice-President may become President, he 
must have the same qualifications. 1 

Privileges of the President. Certain privileges and immuni¬ 
ties are enjoyed by the President. During his term of office 
he is not subject to the criminal law of the land. No matter 
how serious the crime, the courts of the nation cannot reach 
him. Such an offense as murder, like many others, would 
result in impeachment by the House of Representatives and 
trial by the Senate. The Senators would be required to make 
oath or affirmation that they would fairly try him. The Vice- 
President, who would be interested in his removal, would 
not be permitted to preside at the trial, but that duty would 
be performed by the Chief Justice of the Supreme Court. 
Conviction could be secured only upon the concurrence of 
two-thirds of the Senators present. Judgment in case of im¬ 
peachment could only extend to removal from office and 
disqualification to hold any office of honor, trust, or profit 
under the United States. Rut after the President is convicted 


Article II, section 1, clause 4. 



THE EXE'TL TIVE DEPARTMENT 


253 


and removed from office then as a private citizen he is sub¬ 
ject, like any one else, to arrest, trial, judgment and punish¬ 
ment for the crime committed. 1 

The President is carefully guarded by secret service men. 
Cranks of all sorts insist upon seeing him and not in¬ 
frequently the malicious or unbalanced are intent upon do¬ 
ing him bodily harm. To conserve his energy and to protect 
his person, such caution is necessary. 

Compensation of the President. The President is entitled to 
a compensation for his service, which according to the Con¬ 
stitution, shall be fixed by law but may not be increased or 
decreased during his term of office. Originally the President 
received $25,000 a year, at present he receives $75,000 an¬ 
nually. In addition to his salary the President is provided 
secretaries and clerks and furnished offices and a residence 
including elaborate furnishings, a greenhouse and beauti¬ 
fully kept grounds; and supplied with funds to cover con¬ 
tingent and traveling expenses. Indeed, while the salary is 
but $75,000 annually, the cost of maintaining our chief ex¬ 
ecutive is about $300,000 a year. However, it might be re¬ 
membered that this amount is small indeed when compared 
with that paid the crowned heads of Europe or even the 
President of France. The Vice-President receives $12,000 a 
year. 


REVIEW QUESTIONS 

1. Why is the President such an important personage? 

2. How is the President nominated? How elected? How many ways of 
electing the President? 

3. When is the President elected? When does he take office? How long 


’Article I, section 2, clause 5; section 3, clauses 6-7, and Article II, section 4. 



254 


THE UNITED STATES GOVERNMENT 


does he serve? How many times may he be reelected? 

4. How may a vacancy occur in the presidency? How is a vacancy filled? 

5. What qualifications must the President possess? 

6. What privileges does he enjoy? 

7. What compensation does he receive? 

8- Answer questions 2 to 7 relative to the Vice-President. 

PRACTICAL POINTS 

1. Who is President of the United States? Who is Vice-President? When 
were they elected? When did they take office? When do their terms expire? 

2. Who were the candidates of the other parties for President and Vice- 
President at the last presidential election? 

3. What were the provisions of the Republican party platform? What 
were the provisions of the Democratic platform? Which do you like the 
better? Give your reasons. 

4. Would you add, or subtract any qualifications for the President? Give 
your reasons. 

REFERENCES 

1. American Government—Magruder, Chapter VIII, pp. 104-111. 

2. Our Government—James and Sanford, Chapter XIII, pp. 115-128. 

3. The American Federal State—Ashley, Chapter XIV, pp. 284-299. 

4. American Government and Politics—Beard, Chapter IX, pp. 166-186. 


XXV///. THE POWERS OF THE PRESIDENT 


The Enforcement of Law. The President, under oath, is re¬ 
quired to faithfully execute the laws of the United States. To 
assist him in this work, ten important departments have 
been established with a secretary at the head of each. The 
number, no doubt, will be enlarged as the executive duties 
increase. Subordinate to these heads of departments are 
the large number of officials distributed throughout the 
United States including the dependencies. In each of the 
eighty or more judicial districts is to be found a marshal 
and a district attorney, often with assistants, whose duty 
it is to arrest and bring to trial violators of federal law; 
and there are federal prisons for the safe keeping of those 
convicted. The extent to which the President may exercise 
authority over these subordinate officials is a matter of un¬ 
certainty. The Supreme Court early decided, however, 
that he must insist that they faithfully perform their duties 
as prescribed by law, but he has no right to direct the offi¬ 
cers as to the manner in which they shall perform their 
duty. Much authority may be exercised also by the Presi¬ 
dent over subordinate officials through the power of removal. 
President Jackson removed two Secretaries of the Treasury 
before he was able to find one willing to do his bidding and 
remove the federal funds from the United States Bank and 
its branches. 

The variety and volume of federal statutes are indeed very 
great, although the general civil and criminal codes are en¬ 
acted and enforced by the commonwealths. Because the 
President is required to enforce law he, of necessity, must 


255 


256 


THE UNITED STATES GOVERNMENT 


interpret the statutes and a revision of his opinion can be 
secured only when a proper case can be framed against him 
and submitted to the Judicial Department. The President 
also enjoys an extensive ordinance power due in part to au¬ 
thority specifically granted him, and in part to his position 
as chief executive. Rules and regulations prescribing the 
methods of enforcing the civil service law, of conducting the 
patent office, of collecting the internal revenues and the du¬ 
ties on imports are but a few illustrations. 

The Military Power. The powers of the President in time 
of peace are limited; but in time of war they are greatly ex¬ 
tended making him virtually a dictator. By the Constitution 
he is made commander-in-chief of the army and navy and 
of the militia when called into the service of the United 
States. 1 Congress provides for the establishment and main¬ 
tenance of the army and navy, and the calling forth of the 
militia of the commonwealths. When the military force is 
once provided, the President, by constitutional prerogative, 
is in full charge of it. While the Constitution does not state 
in detail the military powers of the President, it is evident 
that he has the right to engage in defensive war, repelling an 
invasion, or to suppress an insurrection, or enforce law 
by military power. He may direct the army and navy to such 
places as the exigencies of the situation, in his opinion, may 
require. The Supreme Court has declared that he alone may 
decide when the danger from invasion, or rebellion, or re¬ 
sistance to law requires the calling out of the militia and any 
refusal to obey his orders will subject the disobedient person 
to trial by court martial. By Federal statute, the President 
is authorized, upon request of a governor, to call forth the 
militia to assist him in suppressing any serious disorder 


x Article II, section 2, clause 1 (in part). 




THE POWERS OF THE PRESIDENT 


257 


within his State. The Federal Constitution guarantees to 
each commonwealth a republican form of government and 
the President must employ armed force, if necessary, in or¬ 
der to establish and maintain such a government. 

When conducting either an offensive or defensive war, or 
suppressing an insurrection, the President may do all with¬ 
in the power of a commander-in-chief to weaken and over¬ 
come an enemy. By such authority President Lincoln, dur¬ 
ing the Civil War, blockaded the southern ports, abolished 
slavery in many of the states and suspended the writ of 
habeas corpus in sections other than the seat of war. By the 
same right, the President, until Congress acts, may govern 
conquered territory, appoint officers, levy and collect taxes, 
and make such rules and regulations for the maintenance of 
peace and good order as he deems wise. Yet, during the 
World War, Congress bestowed upon President Wilson far 
greater war powers than had been exercised by Lincoln or 
any other President. For instance, the complete control ex¬ 
ercised by him over the supply of fuel and food stuffs, over 
the means of transportation and communication was never 
before seriously considered as an appropriate executive 
function. 

The Power of Appointment. It is interesting to observe 
that in this, the greatest of all democracies, but few of the 
national officers are elected, only the President, the Vice- 
President, the Senators and Representatives, 533 out of near¬ 
ly 500,000. The vast army of Federal officers receive their 
positions through appointment. The right to nominate or 
appoint officers is a most important executive and political 
power, for not only does it seriously influence the adminis¬ 
tration of law, but even presidential elections may be deter¬ 
mined through it. 

With respect to the method of appointment, the Constitu- 


258 


THE UNITED STATES GOVERNMENT 


tion recognizes two classes of offices—superior and inferior. 
With a few exceptions named in the Constitution, Congress 
may determine to which class a particular office belongs. The 
superior offices may be arranged in two groups: those named 
in the Constitution, including ambassadors, other public 
ministers and consuls and judges of the Supreme Court; and 
those established by law. The mode of selecting the former 
can be changed only by constitutional amendment, while the 
method of choosing the latter can be changed by a simple 
act of Congress. The inferior offices are created by statute. 

The superior offices are filled upon the nomination of the 
President and confirmation of the Senate. 1 The President, 
however, does not enjoy perfect freedom in the selection of 
his nominees, nor is the Senate entirely independent regard¬ 
ing confirmation. It has long been the practice of the Sen¬ 
ate, even when the majority is of a different political party, 
to confirm the selection of members of the cabinet without 
objection. These nominees are often the President’s personal 
or political friends, sometimes made it is true, through the 
strenuous pre-election campaign. The members of the cabi¬ 
net must work in very close cooperation with him and so 
their selection should be left to his personal preference. Nor 
is the Senate often disposed to interfere with the choice of 
diplomatic representatives, of military officers, or judges of 
the Supreme Court. During President Wilson’s first term, 
however, great influence was brought to bear upon the Sen¬ 
ate to prevent the confirmation of his nominee to the posi¬ 
tion of associate justice on the Supreme bench, nevertheless, 
his selection was confirmed. Other offices filled by the Presi¬ 
dent and Senate are filled virtually by the latter. A practice 
known as “courtesy of the Senate” permits the senators, if of 


^Article II, section 2, clause 2 (in part). 



THE POWERS OF THE PRESIDENT 


259 


the President’s party, to select the persons who are to fill cer¬ 
tain important offices located within their State, otherwise 
the Senate will not confirm the appointment. This rule pre¬ 
vails with reference to such officials as United States district 
judges, marshals, district attorneys, the principal postmas¬ 
ters, and internal revenue collectors. The extent to which this 
power of selection is enjoyed by senators is not determined 
by rule but varies from time to time with the character of 
the Senator and of the President. At the beginning of each 
administration much of the valuable time of the President 
and Senate is devoted to the consideration of appointments, 
especially is this true when the new President is of the oppo¬ 
site political party from his predecessor. Politicians and 
office seekers consume weeks and months of the President’s 
time in their efforts to obtain positions for their friends or 
themselves. “From the fourth of March,” says Mr. Bryce, 
“when Garfield came into power until he was shot in the July 
following, he was engaged almost incessantly in questions 
of patronage.” And, he might have added, his life was taken 
by a disappointed office seeker. In regard to the making of 
appointments, Mr. Bryce’s conclusion is fully justified that 
“the President’s individual judgment has little scope. He 
must reckon with the Senate; he must requite the supporters 
of the men to whom he owes his election; he must so distri¬ 
bute the places all over the country as to keep the local wire¬ 
pullers in good humor, and generally strengthen the party 
by doing something for those who have worked or will work 
for it.” 

The inferior offices, many in number, are filled as the law 
creating them may require, by the President alone, by the 
courts of law, or by the heads of departments. The practice 
prevails of placing the appointing power in the hands of the 
superior officer in whose department the office is located. 


260 


THE UNITED STATES GOVERNMENT 


Exceptions to this rule are commonly due to politics. Many 
of these offices are now filled by competitive examination. 

The Power of Removal. The power of removal is indis¬ 
pensable to the efficient enforcement of law, but the Consti¬ 
tution is silent upon the subject of removals. From the be¬ 
ginning it was agreed that the power to appoint carried with 
it the power to remove. There has been, therefore, no ques¬ 
tion regarding the inferior officers; the judge, the head of the 
department, or the President making the appointment is at 
liberty to call for the resignation of his appointee. But the 
application of this principle has caused no little dispute re¬ 
garding the superior officers. With little difficulty Washing¬ 
ton and his successors established the right to remove offi¬ 
cers appointed with the consent of the Senate. This principle 
prevailed until the time of the bitter struggle between Con¬ 
gress and President Johnson when the Tenure of Office Act 
was passed, in 1867, which provided that the President must 
secure the consent of the Senate in order to remove an offi¬ 
cer appointed jointly by them. For twenty years the law re¬ 
mained on the statute books, with some modification, not be¬ 
ing repealed until 1887. Since that time, the President has 
been free to remove his appointees from office without the 
consent of the Senate. 

With such a large number of appointments at the disposal 
of the Executive Department, now nearly 500,000 in all, great 
opportunity is afforded for political patronage. Since Wash¬ 
ington and his immediate successors believed that the inferi¬ 
or offices should be filled only in accordance with the prin¬ 
ciple of efficiency, but few changes were made prior to Jack¬ 
son’s administration. A total of but seventy-four officers 
were removed during this period, five of whom were default¬ 
ers. But President Jackson put the “spoils system” into 
operation by changing over 2000 officials during the first year 


THE POWERS OF THE PRESIDENT 


261 


of his administration. While the policy was repeatedly de¬ 
nounced, the political pressure continued so great that re¬ 
sistance was impossible and so a change of party meant a 
“clean sweep” in the appointment of executive officers. As 
the system extended, the evils became more and more ap¬ 
parent. Public opinion finally compelled Congress, in Janu¬ 
ary 1883, to pass the Pendleton civil service act which estab¬ 
lished the present United States Civil Service Commission 
and inaugurated a system of appointments by competitive 
examination which in 1916 applied to 296,000 Federal of¬ 
fices. While the Civil Service law has not accomplished all 
that one might wish, yet by amendment, it is becoming in¬ 
creasingly efficient and, through executive order, more ex¬ 
tended in application. It has greatly improved the work of 
the Executive Department and now receives quite universal 
approval. 

The Legislative Powers. It was the desire of the framers of 
the Constitution to keep the three departments of govern¬ 
ment distinct, but this was found to be impossible. The Ex¬ 
ecutive who is most familiar with the conditions of the coun¬ 
try is required by the Constitution to give to Congress, from 
time to time, information regarding the state of the union 
and recommend to their consideration such measures as he 
shall judge necessary and expedient. The President's Mes¬ 
sage , which supplies valuable information and suggests 
needed legislation, is regularly given to Congress at the 
opening of each session. Washington and his successor. 
Adams, read their messages to Congress. The practice was 
discontinued by President Jefferson and a message in writ¬ 
ing substituted, but the former custom was revived by Presi¬ 
dent Wilson. Special messages touching particular subjects 
before Congress are also common, and Congress frequently 


262 


VHP UNITED STATPG tfOVEBNMFNT 


requests the President to furnish needed information, docu¬ 
ments and the like. 

The President may call one or both Houses of Congress in 
Special Session should conditions warrant. The Senath is of¬ 
ten called to affirm appointments; and Congress is not infre¬ 
quently called on extraordinary occasions to consider mat¬ 
ters of great importance to the ration. Should the two houses 
disagree as to the time of adjournmemt. the President is au¬ 
thorized to adjourn them to such time as he shall deem fit. 
But this power has never yet been exercised. 

The President is given the Constitutional Right to veto any 
Measure, or Resolution which passes the two Houses. In this 
way he is enabled to check any encroachment by the I.emu¬ 
lative Department upon the prerogatives of the Executive. 
The passage ^f unwise legislation he may also prevent. A 
bill, upon passage through the two houses, receives the sig¬ 
nature of the Speaker and of the President of the Senate 
Upon its presentation to the President it is usually referred 
to the head of the department concerned, and if a question 
of constitutionality is raised, to the Attorney-General. With 
their opinions attached, fhe President takes up the measure 
for consideration. If he approves it, he signs it and trans¬ 
mits it to the Secretary of State by whom it is filed and nub- 
lished. It is then a law and enforced as such. If the President 
disapproves, he returns it to the house in which it originated 
where, in the light of the President’s criticisms, it is recon¬ 
sidered and if approved by a two-thirds vote, it is sent to the 
other house where it is likewise reconsidered and if passed 
by the necessary two-thirds it becomes a law. The names 
of those voting for and against the measure must be record¬ 
ed in the minutes which makes their position regarding the 
bill a matter of permanent record. The President is allowed 
ten days, Sundays excepted, in which to sign or veto a bill 


THE POWERS OF THE PRESIDENT 


263 


should he fail to act in the given time, the nill becomes a law 
unless Congress, by its adjournment, prevents its return. 1 
Bills sent to the President during the last ten days of a ses¬ 
sion are subject to an absolute veto. By exercising the au¬ 
thority granted by the Constitution he may retain a bill 
which he does not Wish to become a law until Congress ad- 
iourns. He thus kills the measure by simply refusing to act. 
This method of defeating legislation is known as the '‘pock¬ 
et” veto and is of no little importance, since the dilatory 
methods of Congress leave a large percentage of the bills to 
be hurried through during the last lew ciays of the session. 

it was undoubtedly a mistake not to give the Presiuent 
power to veto sections of a bill including specifications in 
appropriation bills without vetoing the entire measure 
Many acts are in the main desirable, but carry items most 
undesirable. The President neing obliged to accept or reject 
the bill in its entirety has often found it necessary to approve 
single provisions wnicli, if submitted to him as a separate 
bill, he would undoubtedly veto. This practice of attaching 
“riders” to financial and other important measures has been 
very much anused. Sucn abuse would be impossible if the 
President hau the power to veto single items. Nevertheless 
the veto powei nas had a wholesome influence upon legista* 
tion. In a few instances it nas prevented the enactment ot 
unconstitutional measures, thus saving the expense of a legal 
process; and many times it has saved the country from un¬ 
desirable legislation. And the probability of veto Has pre¬ 
vented much questionable legislation from passing one or 
the other of the two houses. Yet, there is little danger thai 
the President will abuse nis power tor he has many bills that 


'Article I, section 7. 



264 


THE UNITED STATES GOVERNMENT 


he wishes Congress to pass and so cannot afford to antagon¬ 
ize the Legislative Department. 

Foreign Relations. The President enjoys the distinction of 
representing the United States in all foreign relations. He is 
not only the official spokesman, but he is responsible for our 
foreign policy. The commonwealths are expressly forbid¬ 
den by the Constitution to enter into any treaty, alliance or 
confederation with a foreign state. The president may so act 
as to develop international friendship or provoke hatred or 
even war. The functions of the chief executive relative to 
foreign countries may be discussed under three heads; his 
treaty making power; power to appoint foreign diplomatic 
representatives and consuls; and the power to receive am¬ 
bassadors and other public ministers. 

The Treaty-making Power he shares with the Senate. Only 
when two-thirds of the senators concur is a treaty made 
binding upon the United States. 1 There are two distinct 
steps in making a treaty; one the carrying on of the nego¬ 
tiations by which the provisions of the treaty are determined 
and the other the ratification. The first which requires 
promptness and secrecy of action is the distinct function of 
the President. In performing his task ordinarily the Presi¬ 
dent is represented by the Secretary of State and the negoti¬ 
ations are carried on at the capitol of the nation suggesting 
the treaty. If the negotiations are carried on at Washington, 
the Secretary of State confers directly with the representa¬ 
tive of the foreign nation. If carried on at a foreign court, 
the Secretary of State acts through our minister at that 
court. Upon extraordinary occasions, as the making of a 
treaty closing a war, the negotiations are carried on in some 


\Article II, section 2, clause 2 (in part). 



THE POWERS OF THE PRESIDENT 


265 


neutral country by special commissioners appointed for the 
purpose. 

After the President has agreed with the representatives of 
the foreign state upon the provisions of the treaty, it is then 
submitted to the Senate for ratification. In order to main¬ 
tain secrecy, the Senate goes into “executive session.” It may 
modify, accept or reject the treaty. Finally the Senate, by 
resolution, removes the ban of secrecy and its action be¬ 
comes known. If the treaty is rejected, the way is open for 
a new treaty; if amended, the President and the nation or 
nations interested must approve the changes. If it is ap¬ 
proved, duplicate copies are made and signed by the chief 
executives of each country. One is placed on file with each 
nation. The treaty is then published by the President and 
declared to be a part of the law of the land. 

The importance of the treaty making power can hardly 
he over stated. By its exercise the limits of our country have 
been extended from the Mississippi to the Pacific and be¬ 
yond. The rights of Americans have been established 
throughout the civilized world. By making of treaties peace 
has been assured and by the breaking of them war has been 
caused. It is upon our President, who alone has power to 
initiate treaty negotiations, that our international rights and 
privileges primarily depend. Conscious of this truth, Presi¬ 
dent Wilson, at the close of the World War, disregarded all 
precedents and made two trips to the Peace Conference at 
Paris and took an active and prominent part in framing the 
provisions of the treaty of peace and in drafting the consti¬ 
tution for the League of Nations. 

He also enjoys the Constitutional right to nominate Am¬ 
bassadors, other Public Ministers and Consuls. 1 Such nomin- 


‘Article II, section II, clause 2 (in part). 



266 


THE UNITED STATES GOVERNMENT 


ations are confirmed by the Senate. Should a vacancy occur 
during the recess of the Senate, the President has the power 
to fill it by issuing a commission which expires at the end of 
the next session of the Senate. Should the Senate fail to act 
upon the nomination before it adjourns, another commission 
must be issued to the same or another person. 

It must not be presumed that the executive has enjoyed 
perfect freedom in the nomination of our representatives to 
foreign courts. The nominee must always be agreeable to 
the government to which he is accredited. Senators have 
not infrequently gone so far as to declare that the Senate pos¬ 
sesses the right, not only to suggest, but even to dictate the 
selection of ministers. Party leaders have often insisted that 
the political services either of themselves or their friends be 
rewarded by appointment to a foreign court. Then, too, Con¬ 
gress alone can create and fix the salaries of diplomatic posi¬ 
tions. The compensation generally has been made so low 
that men of modest means have been unable to accept ap¬ 
pointment. In some instances the salary has not been suffi¬ 
cient to pay necessary house rent. Only recently an ex-presi¬ 
dent of one of our leading universities was obliged to decline 
an appointment to the court of St. James because of limited 
funds. The compensation should be sufficient to enable our 
best statesmen to fill these very important posts, because 
class representation needs no encouragement and the ability 
and spirit of our foreign representatives determine our 
standing and position in the family of nations. 

Consuls who are located in the principal cities of the world 
to further the interests of American commerce and guard the 
rights of American citizens, are likewise nominated by the 
President and confirmed by the Senate. Until recently these 
appointments have been filled for political reasons, but the 


THE POWERS OF THE PRESIDENT 


267 


service has been greatly improved of late by placing the posi¬ 
tions under civil service. 

The privileges of a diplomatic representative are very 
much greater than those of a consul. Being the official repre¬ 
sentative of his country, an insult to a diplomat is an offense 
against the state he represents. His residence in the foreign 
capitol is particularly protected by law, no official or other 
person being permitted to enter it without his consent. He, 
the members of his official family, and even his servants are 
exempt from any civil or criminal process served by the 
country of his residence. Special protection is granted them 
when traveling, even when forced to leave the country due 
to an abrupt break in diplomatic relations. A consul, on the 
other hand, is subject to the laws of the land in which he is 
located (if a civilized country). His home may be entered 
by its officials. He and the members of his family may be 
arrested, tried and punished the same as any ordinary citi¬ 
zen of the country. 

It is the President’s constitutional duty to receive Ambassa¬ 
dors and other Public Ministers. 1 The discharge of this dis¬ 
cretionary ceremonial function carries with it the most seri¬ 
ous consequences. A sovereign state is officially recognized 
by formally receiving its accredited minister. The President 
may refuse to accept a minister from a sovereign state whose 
independence has been established; or he may demand the 
recall or abruptly dismiss any public minister or ambassador 
accredited to the United States. The reason for such action 
may be either personal or political. If the former, no offense 
is taken, but should any political indiscretion be shown on 
the part of the President, it may easily involve the country 
in war. Receiving a diplomatic representative of a new state 


‘Article II, section III. 



268 THE UNITED STATES GOVERNMENT 

amounts to a recognition of that state as a member of the 
family of nations. 

The Judicial Power. The President is empowered to exer¬ 
cise limited judicial functions. By the Constitution he has 
been given the right to grant reprieves and pardons for of¬ 
fenses against the United States, except in cases of impeach¬ 
ment. 1 A reprieve is the suspension of the execution of the 
sentence, giving time for further investigation of the facts; a 
pardon grants complete release from a sentence. Within the 
scope designated, his power is without limit. He may take 
action, before, during, or following a trial; he may commute 
a death sentence, that is, substitute a less serious penalty, 
remit a fine, or set a prisoner free. Following the Civil War 
an attempt was made by constitutional amendment to also 
except treason, but it failed. Because of the limited scope of 
Federal legislation, the judicial authority of the President is 
much less in extent than that of a governor. 

In the exercise of the power or reprieve or pardon, the 
President follows a uniform procedure. The application for 
clemency, together with the evidence and argument, is sub¬ 
mitted to the Attorney-General. The opinion of the district 
attorney and jhdge by whom the case was first tried is usu¬ 
ally required. The course of action advised by the Attorney- 
General is generally followed. There has been little dispo¬ 
sition on the part of the executive to abuse his judicial au¬ 
thority. 

With such extensive executive powers comprising so many 
lines of activity and reaching all parts of the United States 
and into foreign countries; with important legislative func¬ 
tions enabling him to recommend, to modify and to prevent 
the enactment of statutes; and with judicial authority of no 


Article II, section II, clause 1. 





THE POWERS OF THE PRESIDENT 


269 


mean importance, it is indeed easy to appreciate the pre¬ 
eminence of the President of the United States. 

REVIEW QUESTIONS 

1. What laws are enforced by the President? 

2. Discuss the military powers of the President. 

3. What officers are appointed by the President and the Senate? What 
are appointed by the President alone? 

4. May the President remove officers? If so what officers? 

5. What is the Civil Service law? 

6. What power has the President over Congress? 

7. What power has he over the enactment of a law? 

8. Should the President be given power to veto sections of bills without 
vetoing the entire bill? Why? 

9. What powers are exercised by the President over our relations with 
foreign countries? Describe his treaty making power. What are ambassa¬ 
dors; ministers; consuls? 

10. Describe the judicial powers exercised by the President. 

PRACTICAL POINTS 

1. Name some of the important laws which the President is required to 
enforce. 

2. Do any federal officers reside in your city? If so what do they do? 

3. Are there any outside your city who exercise authority in your lo¬ 
cality? If so who are they and what do they do? How did they receive 
their offices? 

4. Enumerate the things which the National government does for your 
family. 

5. Can you tell what you pay the United States for these services? How 
do you make the payments? 

6. What Federal districts do you live in? What is each organized for? 

7. Name some United States property which you have seen. For what 
is it used? 

8. Have you ever seen any United States officers? If so, who were they 
and what were their duties? 

REFERENCES 

1. American Government—Macgruder, Chapter VIII, pp. 111-120. 

2. Our Government—James and Sanford, Chapter XIV, pp. 131-139. 

3. The American Federal State—Ashley, Chapter XIV, pp. 291-299. 

4. American Government and Politics—Beard, Chapter X, pp. 187-214. 



President Wilson and His War Cabinet 















XXIX. THE CABINET 


The Executive Departments have been organized for 11 u* 
purpose of assisting the President to perform more efficient¬ 
ly his many duties. At the time the Federal government was 
established, in 1789, Congress created four Departments— 
State, Treasury, War and Justice. Since that time, the needs 
have made necessary six additional Departments. They are 
the Navy, PostofFice, Interior, Agriculture, Commerce and 
Labor. For the purpose of securing the greatest possible effi¬ 
ciency the Departments are divided into bureaus and the 
bureaus into divisions. 1 

The President, immediately upon taking office, sends to 
the Senate, for confirmation, the names of the men whom 
he wishes at the head of the Departments during his admin¬ 
istration. Since they are to be his close advisers, constituting 
his Cabinet , the Senate never presumes to interfere, but al¬ 
ways approves his choice. The head of each Department 
receives a salary of $12,000 a year. 

The Department of State ranks first in importance. The 
Secretary of State is head of the Department. He performs 
certain Secretarial functions. In this capacity, he keeps on 
file the laws of the United States, the treaties made with for¬ 
eign countries, and affixes the great seal to all papers issued 
by the executive; he attends to all correspondence between 
the President and the Governors of the several States; and 
he conducts all negotiations with foreign countries. His du¬ 
ties relative to foreign affiairs are of the greatest importance. 

‘For the officials in each Department see World Almanac. 


271 



272 


THE UNITED STATES GOVERNMENT 


He issues passports to Americans who desire to travel in 
foreign countries. A passport is a document carried by a 
person when traveling abroad identifying him as a citizen of 
this nation which enables him to enjoy all privileges granted 
by treaty or international law. A citizen secures a passport 
by making application to the Secretary of State, giving a de¬ 
tailed description of himself and inclosing a fee of $1.00. A 
passport is good for two years and may be renewed by any 
diplomatic officer for two more. 

The Secretary of State is head of the Diplomatic Service . 
A diplomatic representative is sent to the capital of each for¬ 
eign country. Ambassadors are sent to some twelve or fif¬ 
teen of the most important; ministers-plenopotentiary to a 
large number of second rate countries; and ministers-resi - 
dent to a few of the least important. 

The duties of the diplomatic officers are to transmit official 
communications, and negotiate treaties and other agree¬ 
ments under the direction of the Secretary of State. They 
also keep the State Department informed upon matters of 
foreign relations, legislation, business, science and art—in¬ 
deed anything of concern to our country. 

Diplomatic officers and the members of their households 
are not subject to the laws of the land in which they live, but 
to those of the United States. The home of an ambassador 
is called an “embassy” and that of a minister a “legation.” 
The salary of ambassadors is $17,500 a year; while that of 
the ministers varies from $10,000 to $12,000. 

The Secretary of State is at the head of our Consular Ser¬ 
vice. Consuls are commercial representatives, and are sta¬ 
tioned at every important industrial city of the world. There 
are about 700 of them, appointed under civil service. Their 
principal duty is to discover opportunities for extending our 
foreign trade. They protect our various commercial inter- 


THE CABINET 


273 


ests and activities. They also guard the rights of American 
citizens traveling or residing abroad. 

The Treasury Department has charge of the funds of the 
United States. The Secretary of the Treasury, who is at the 
head of the Department, collects the taxes, the duties, and 
excises; keeps the money; and pays it out upon proper or¬ 
der. The duties yield large returns; the internal revenues 
likewise; and many minor sources supply relatively small 
sums. 

The Treasurer keeps a considerable portion of the funds 
in the Treasury at Washington; the remainder is kept in the 
sub-treasuries located at Boston, New York, Philadelphia, 
Baltimore, Cincinnati, Chicago, St. Louis, New Orleans and 
San Francisco; in the twelve Federal Reserve Banks; in the 
twelve Federal Farm Loan Banks; and in the National 
Banks. 

The Treasurer pays out the money only when authorized 
by Act of Congress, and upon the presentation of a warrant 
drawn by the Secretary of the Treasury and countersigned 
by the Comptroller of the Treasury. The funds are used for 
many purposes, some of the more important ones being the 
payment of salaries; the erection of Federal buildings; the 
maintenance of the Army and the Navy; interest on the pub¬ 
lic debt; and for pension, and insurance for soldiers. A full 
report is made annually by the Secretary of the Treasury of 
all moneys received and paid out during the year. 

The Secretary of the Treasury is in charge of the coinage 
of all moneys authorized by Congress, both metallic and 
paper. The metallic money is composed of four kinds of met¬ 
al—copper, nickel, silver and gold. The copper, nickel and 
silver bullions are purchased at market prices and coined 
by the mints into money, as required by law. The United 


274 


THE UNITED STATES GOVERNMENT 


States has established the gold standard. By an act of March 
14, 1900, it was provided that the gold dollar, consisting of 
25.8 grains of gold nine-tenths tine, must be the standard unit 
of value. In order to maintain an equality between the bul¬ 
lion and coin values, free coinage of gold is provided; that 
is any one having gold bullion may take it to the mint and 
have it coined; each 23.22 grains (with 2.58 grains of alloy) 
being made into one gold dollar. 

The paper currency consists of gold certificates, silver cer¬ 
tificates, United States notes, Federal Reserve Bank notes. 
Treasury notes of 1890, and National Bank notes. The paper 
is made by a secret process and printed at the Bureau of En¬ 
graving and Printing at Washington. 

The War Department has charge of the army, the Military 
Academy, and the War College. The President being com¬ 
mander-in-chief of the army is connected closely with the 
Department, although it is directly under the charge of the 
Secretary of War. 

The General Staff , established in 1903, is composed of 
about fifty able army officers, chosen by the President. It 
prepares plans for national defense, investigates the needs 
of the army and provides plans for the movement of the 
military forces in time of war. Jt also has charge of the Army 
War College which was established at Washington in 1901, 
for the training of young men from the ranks who have 
proven themselves able to become officers. 

The United States Military Academy at West Point was 
established in 1802 for the purpose of training young men to 
become officers. The appointees are usually selected, by 
competitive examination, and are nominated by the Presi¬ 
dent, but custom has established the practice of nominations 
being made to him by Senators, Representatives, and Terri¬ 
torial Delegates. The cadet must be between seventeen and 


THE CABINET 


275 


twenty-two years of age. During the course of four years he 
receives about $700 a year. Upon graduation he is commis¬ 
sioned a second lieutenant. 

The unorganized militia of the United States consists of 
all persons between the ages of eighteen and forty-five. They 
may be called into service as directed by Congress. The se¬ 
lective draft first employed by the United States during the 
recent World War has proved a very wise system. Persons 
of military age may enlist in the national guard and com¬ 
prise the organized militia. In time of peace the national 
guard is subject to the order of the Governor, but in time of 
war it is under the command of the President. The regular 
army is composed of men who enlist for a period of seven 
years; three to be spent in the active service, and four in civil 
life subject to call. 

The Navy Department is responsible for all matters relating 
to the navy. The President is commander-in-chief of the 
navy, but the Secretary of the Navy has the administration 
of the Department. He is responsible for the construction, 
arming, equipping, manning and direction of war-vessels. 
Men enlist in the navy for a period of four years. The ves¬ 
sels have been grouped into two fleets—the Atlantic and the 
Pacific. 

A General Board , studies the needs of the navy, and plans 
for its direction in time of war. It renders a service similar 
to the General Staff of the Army. It has charge of the Naval 
War College at Newport for the training of young men from 
the ranks who are preparing to become naval officers. 

The United States Naval Academy at Annapolis was es¬ 
tablished in 1846, for the purpose of educating naval officers. 
After a competitive examination, the successful candidates 
are recommended by Senators, Representatives, and Terri¬ 
torial Delegates to the Secretary of the Navy for appoint- 


276 


THE UNITED STATES GOVERNMENT 


ment. The candidates must be between the ages of fifteen 
and twenty years. After completing their six years—two of 
which are spent at sea—they are commissioned as ensigns. 
During their course they are paid about $600 annually. 

The Department of Justice, at the head of which is the At¬ 
torney-General, furnishes legal advice to the President and 
the heads of the Executive Departments. The Attorney-Gen¬ 
eral represents the government in suits brought against in¬ 
dividuals and corporations that violate Federal law; and in 
suits brought against the United States in the Court of 
Claims. He himself seldom appears in court but is repre¬ 
sented by one of his numerous assistants. 

He directs the Federal Court system by having the right 
to approve the appointment of federal district attorneys and 
federal district marshals. 

He provides for the care of federal prisoners, supervises 
their parole, examines petitions for their pardon and makes 
recommendations to the President. 

The Post-Office Department is of great importance to the 
people of the United States. The Postmaster-General is at 
the head of the Department. He has charge of the collection, 
transportation and distribution of the mails. He appoints, 
subject to civil examinations, all fourth-class postmasters. 
And he sends the names of the persons receiving the highest 
standings in the civil service examination for first, second 
and third class postoffices to the President who, with the ap¬ 
proval of the Senate, appoints them. 

The parcel post, which is growing rapidly; the postal sav¬ 
ings banks; and the money order business are all under the 
control of the Postmaster-General. The telephones and tele¬ 
graphs were added during the World War but were returned 
to their owners at its close. The transportation of mails by 
airship has been a recent improvement. 


THE CABINET 


277 


Fraudulent business activities, lotteries and gambling 
schemes are discouraged by promptly closing the mails to 
them and punishing, according to law, those engaged in the 
contemptible business. 

The Department of the Interior, under the Secretary of the 
Interior, includes a variety of bureaus. 

The General Land Office has charge of millions of acres of 
lands belonging to the United States. In the past it has been 
the policy of the government to encourage development by 
virtually giving away public lands; the present policy is to 
withhold from private ownership lands possessing minerals, 
timber and waterpower. 

The Reclamation Bureau is in charge of the irrigation of 
the arid sections of the Western States. The expense of the 
reclamation work is met out of funds received from the sale 
of public lands. Once irrigated this rich land is sold to far¬ 
mers in small tracts. 

The Bureau of Indian Affairs , at the head of which is a 
Commissioner of Indian Affairs, has charge of all Indians 
living upon reservations. During our colonial and early na¬ 
tional history, the Indians were treated as independent na¬ 
tions. But in 1871 by Federal Act they were made wards of 
the nation and since that time their lands, their industries 
and their schools have been under the care of the general 
government. 

The Bureau of Education has greatly increased its useful¬ 
ness and importance in recent years. The Commissioner of 
Education collects and publishes useful educational statis¬ 
tics. A strong corps of able assistants is doing much to vital¬ 
ize the educational systems of the country. 

The Bureau of Patents issues patents and registers trade¬ 
marks. More than a million patents have been issued, many 
of them like the cotton gin, the sewing machine, the selfbind- 


278 


THE UNITED STATES GOVEENMENT 


er, the telegraph, the telephone and the steam engine have 
had a profound influence upon our industrial development. 

The Pension Office examines applications for pensions, 
and has charge of the payment of pensions and of insurance 
to American soldiers and their widows. 

The Department of Agriculture was established in 1889, 
and former Governor Rusk of Wisconsin was appointed the 
first Secretary of Agriculture. The functions of the Depart¬ 
ment are many. 

The Bureau of Soils devotes its energy to the study of the 
chemistry, the nature and the improvement of the soils of 
the United States. 

The Bureau of Plant Industry increases the variety of 
domesticated plants. Agents are sent to all parts of the world 
in search of plants adapted to our various soils and climates. 
The treatment of plant diseases is also studied and the re¬ 
sults published. 

The Weather Bureau keeps the public informed regarding 
weather conditions. Rain, storm, frost and flood warnings 
are sent out making possible the necessary precautions and 
the saving of millions of dollars annually. 

The Bureau of Animal Industry carries on experiments in 
the feeding and breeding of animals. It investigates diseases 
among stock and poultry and recommends remedies. It en¬ 
forces quarantine laws relative to live stock, and regulations 
regarding meat inspection. 

The Forest Reserve is responsible for the protection of 
some 200,000,000 acres of national forests against fires and 
timber thieves. The planting of trees upon desirable areas 
has greatly extended the forest area. 

The Bureau of Chemistry examines the foods and medi- 


THE CABINET 


279 


cines upon the market to make certain that they conform to 
the national pure food law. These and many other activities 
make the Department of vital importance to public welfare. 

The Department of Commerce has been organized for the 
purpose of encouraging business. At its head is the Secre¬ 
tary of Commerce. Its work includes various fields. 

The Census Bureau enumerates the population of the 
United States every ten years, and gathers very complete sta¬ 
tistics regarding the wealth and industries of the country. 
The information is published in the United States Census 
report. 

The Bureau of Corporations reports upon trade condi¬ 
tions, and investigates the organization and methods of cor¬ 
porations thought to be violating the Sherman Anti-Trust 
Law. 

Other Bureaus supervise the weights and measures, en¬ 
force regulations relative to navigable waters, inspect 
steamboats and maintain lighthouses. 

The Department of Labor, the last to be organized, was es¬ 
tablished in 1913. Its purpose is to advance the general wel¬ 
fare of labor. 

The Bureau of Labor Statistics gathers information regard¬ 
ing the condition and employment of labor. It reports the 
number of accidents and deaths caused by industry; the 
general health conditions under which laborers are obliged 
to work and the amount of wages paid in different indus¬ 
tries. 

The Bureau of Immigration superintends the enforcement 
of the Federal immigration laws. Dependents, feeble mind¬ 
ed, criminals, polygamists, anarchists, and alien Orientals 
are not permitted to enter the United States. Physical tests 


280 


THE UNITED STATES GOVERNMENT 


are applied to all applicants and defectives are returned to 
the country from which they came, at the expense of the 
steamship company that brought them. Adults are also re¬ 
quired to pass a literacy test. They must be able to read at 
least 40 words in some language. Each immigrant is obliged 
to pay a tax of $8.00. 

The Bureau of Naturalization keeps a record of foreigners 
entering the United States; and supervises their naturaliza¬ 
tion, to see that they become citizens only by the legal pro¬ 
cess. 

The Bureau of Child Welfare , with a woman at its head, 
investigates the conditions of child labor. It aids materially 
in the reduction of infant mortality. 

The Conclusion we must reach is that the President, aided 
by the members of his Cabinet, is rendering an invaluable 
service, and that the scope of government activity is clearly 
broadening. This is highly desirable as long as the purpose 
is to improve the general welfare of the people. No doubt 
the future will see other Departments added to those already 
existing, and as citizens we should welcome any change 
which will improve the condition of our people including the 
millions of aliens who land on our shores. 

REVIEW QUESTIONS 

1. Why have Executive Departments been established? 

2. Name the Departments and give the title of the person at the head of 
each. 

3. What are the important duties of each Department? 

4. What are the duties of ambassadors? Of consuls? 

5. Are we likely to have other Departments established? Why? 

PRACTICAL POINTS 

1. Name the members of the President’s Cabinet. 

2. What other public positions has each held? 


THE CABINET 


281 


3. Name an instance of the Secretary of State communicating with a 
Governor on official business. 

4. Who is our ambassador at the Court of St. James (England) ? Who 
is ambassador to France? 

5. What has the Secretary of the Treasury ever done that affects you? 

6. What taxes does your family pay him? 

7. How much did it cost to maintain our army last year? Our Navy? 

8. What would happen if you were caught destroying a mail box in your 
city? Who would arrest you? Who would try you? 

9. Have we dealt with the Indians fairly? Give reasons for your answer. 

10. Do you know of a grain, a fruit or a shrub introduced into the United 
States by the Secretary of Agriculture? 

11. Name one duty of each Department which affects you personally. 

REFERENCES 

1. American Government—Macgruder, Chapters IX-XII, pp. 127-176. 

2. Community Civics—Hughes, Chapter XII, pp. 184-205. 

3. The American Federal State—Ashley, Chapter XV, pp. 303-313. 

4. American Government and Politics—Beard, Chapter XI, pp. 215-230. 


XXX. THE JUDICIAL DEPARTMENT 


The Federal Courts. Experience under the Articles of 
Confederation made it clear that a central government, in 
order to succeed, must have courts of its own, free from 
State domination, which would exercise jurisdiction over 
cases involving national inte~ests. The Constitution makes 
provision for an independent system of Federal courts with 
authority over a wide range of important cases. 

The Organization of the Federal Courts. The Constitu¬ 
tion declares that, “The Judicial power of the United States 
shall be vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain and 
establish . m 

Congress has exercised the authority thus conferred upon 
it. So there has been established a complete system of regu¬ 
lar courts composed of the Supreme Court of the United 
States; 9 Circuit Courts of Appeal; and 80 to 85 District 
Courts. Three special courts have also been established by 
Congress—the Court of Claims; the Court of Customs Ap¬ 
peals; and the Court of the District of Columbia. 

The District Courts. Of the Regular Courts, the District 
Courts are the lowest. The forty-eight states are divided 
into some 80 to 85 districts. Each of the sparsely populated 
states comprise one district, other states consist of two or 
three districts; and states with a large amount of judicial 
business like New York and Texas, are divided into four 

‘Article III, section 1, clause 1. 


282 



THE JUDICIAL DEPARTMENT 


283 


districts. Wisconsin is composed of two districts. The large 
districts are organized into divisions and court is held in 
each division at a place and time designated by Federal law. 

The judges are appointed by the President and Senate. 
One, two, three or four judges are appointed to each District, 
depending upon the amount of judicial business to be done. 
Since each case is tried by a single judge, several judges in 
a district make it possible to hear a number of cases at the 
same time. Each judge holds his position during good be¬ 
havior. He can be removed only by impeachment. The sal¬ 
ary of District Judges is fixed by Congress. 

A United States District Attorney and a United States Mar¬ 
shal are associated with each District court. They are ap¬ 
pointed by the President and the Senate. The Attorney is re¬ 
quired to prosecute persons or corporations accused of vio¬ 
lating Federal law, and to defend the government when suit 
is brought against it in his District. The Marshal, with one or 
more assistants, captures persons suspected of violating 
United States law, serves warrants, summons, subpoenas or 
other orders issued by the District Court. He thus assists in 
the enforcement of Federal laws. 

A clerk is appointed by each court, his duty being to keep 
a record of its proceedings and act as custodian of the court 
seal. District Court Commissioners are appointed whose 
duty it is to issue warrants, take depositions and receive bail. 

Prior to 1911 Circuit Courts existed between the District 
Courts and the Circuit Courts of Appeal, but they were then 
abolished and their business transferred to the District 
Courts. 

The Circuit Courts of Appeal, were established in 1891 for 
the purpose of relieving the Supreme Court of its constantly 
increasing judicial business. The United States is divided 
into nine circuits, each composed of from three to thirteen 


284 


THE UNITED STATES GOVERNMENT 


States. Wisconsin together with Illinois and Indiana com¬ 
prise the seventh circuit. At first judges from the lower Fed¬ 
eral courts presided, but by the Act of 1911 special judges 
were appointed, the number varying from two to four for 
each circuit, depending upon the amount of business. Each 
of the judges of the Supreme Court is assigned, also, to one 
of the circuits. 

The Circuit Judges are appointed by the President and the 
Senate. The term is during good behavior, and the salary 
is fixed by Congress. 

The Supreme Court is at the head of the judicial system of 
the United States. It is composed of one Chief Justice and 
eight Associate Justices who are appointed by the President 
and Senate and serve during good behavior. The salary of 
the Chief Justice and those of the Associate Justices are de¬ 
termined by Congress. The Court holds its sessions from 
October until May in the Supreme Court Chamber at the 
Capital. Six judges must be present at each trial and a 
majority is necessary for a decision. Cases are presented 
to the Court by attorneys, in person, or by printed briefs 
that set forth the facts as well as the law involved. The 
“opinion” is written by one of the Justices at the request 
of the Chief Justice, and expresses the conclusions reached 
by the majority. A Justice who agrees with the majority 
but rests his conclusions upon other reasons than those 
advanced by the majority may present a “concurring 
opinion.” And one or more of the judges who disagree 
with the majority may present a “dissenting opinion” 
giving their reasons for believing the case should be decided 
the other way. The opinions are published in the United 
States Reports . 

The Jurisdiction of the Federal Courts is fixed by the Consti¬ 
tution. It provides that, “The judicial power shall extend to 


THE JUDICIAL DEPARTMENT 


285 


all cases, in law and equity, arising under the Constitution, 
the laws of the United States, and treaties made, or which 
shall he made under their authority; to all cases affecting 
ambassadors, other public ministers and consuls; to all cases 
of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies 
between two or more states; between citizens of different 
states; between citizens of the same state claiming lands un¬ 
der grants of different states, and between a state, or the citi¬ 
zens thereof, and foreign states, citizens, or subjects ” l This 
clause continues in force today, except the last portion which 
has been modified by the Eleventh Amendment, passed in 
1798, which denies an individual the right to sue a State in 
the Federal courts.* 

The United States Courts are given authority to try cases 
(1) because of the nature of the subject matter involved. 
This includes cases in law or equity (a) arising under the 
Constitution, under the statutes of the United States, or un¬ 
der treaties made under their authority; and (b) cases of 
admiralty and maritime jurisdiction. 

A case in law is one involving the interpretation and appli¬ 
cation of a statute. A case in equity is one which seeks to 
secure justice when no law has been enacted covering the 
point in dispute. In a law case witnesses are usually called 
and a jury decides the facts; the judge gives judgment or 
passes sentence. In a case in equity the judge appoints a 
referee to take the evidence in writing and upon this evi¬ 
dence he himself decides the facts and renders a decision 
called a decree. A case in law or equity is within the juris¬ 
diction of the Federal courts whenever it involves the cor- 


1 Article III, section 2, clause 4. 
’See Amendments, Article XI. 




The Supreme Court Room 
Capitol at Washington 














THE JUDICIAL DEPARTMENT 


287 


rect interpretation of the Constitution or the Federal statutes 
or treaties. Congress has provided that cases involving the 
Constitution or the laws of a State may be tried in the courts 
of the State concerned, but they may be taken from the Su¬ 
preme Court of the State to the Supreme Court of the United 
States when the former decides against the jurisdiction of 
the Federal Constitution, statute or a treaty. 

Cases in admiralty include crimes upon the high seas or 
navigable waters in time of peace, and prizes seized in time 
of war. Maritime jurisdiction has reference to contracts, 
claims, and the like relative to business done upon the high 
seas or navigable waters. 

The United States Courts are also given jurisdiction over 
certain cases (2) because of the parties involved in the con¬ 
troversy. This includes (a) cases affecting ambassadors, 
other public ministers, and consuls; (b) controversies to 
which the United States is a party; (c) controversies between 
two or more States; (d) suits brought by States against citi¬ 
zens of another State; (e) controversies between citizens of 
different States; (f) controversies between citizens of the 
same State claiming lands under grants of different States; 
(g) and controversies between a State, or citizens thereof, 
and foreign states, citizens or subjects. It is important that 
such cases should be tried by the United States courts in or¬ 
der that the greatest possible justice may be attained, and in 
the case of ambassadors, other public ministers and consuls, 
trouble may be thus avoided with foreign countries. 

Original and Appellate Jurisdiction of the various courts 
with two exceptions, is left to the decision of Congress. The 
Constitution provides that the Supreme Court has original— 
but not exclusive—jurisdiction over cases affecting ambas¬ 
sadors, other public ministers and consuls, and those in 


288 THE UNITED STATES GOVERNMENT 

which a State is a party. 1 By original jurisdiction is meant 
the right to hear a case at its beginning, without its being 
previously tried in some other court. By appellate jurisdic¬ 
tion is meant that a court has the right to hear a case only 
after it has been tried in another court. 

All Federal courts possess original jurisdiction relative to 
the issuance of certain important writs—habeas corpus, 
mandamus, injunction, certiorari and quo warranto. The 
definition of each, we learned in the study of the jurisdiction 
of our State courts. 

Congress has stated in detail the matters over which the 
Federal District Courts have jurisdiction. We would find it 
impossible to understand fully the scope, but they include 
crimes and offenses against the general laws of the United 
States, cases arising under laws protecting trade and com¬ 
merce, such as suits brought against trusts and monopolies, 
suits involving the postal laws, patent and copyright laws, 
internal revenue laws, and cases affecting the rights of 
aliens. 

The Circuit Courts of Appeal have the right to try certain 
cases brought to them from the Federal District Courts. 
Their jurisdiction includes all cases except those involving 
the jurisdiction of the lower courts, final decision in prize 
cases, and questions of Constitutionality. In cases involving 
the criminal law, and suits arising under the patent, copy¬ 
right and revenue laws, and controversies between aliens 
and citizens the decision rendered is final. 

The Supreme Court exercises original jurisdiction, as al¬ 
ready observed, over cases affecting ambassadors, other pub¬ 
lic ministers and consuls and those to which a State is a 
party. It has appellate jurisdiction in all other cases except 


Article III, section 2, clause 2 (in part). 



THE JUDICIAL DEPAKTMENT 


289 


those in which the Circuit Courts of Appeal exercise final 
jurisdiction. The most important cases appealed to the 
Supreme Court are those involving Constitutional questions. 

The Special Courts are only three in number. The Court of 
Claims, composed of five judges, holds its sessions at Wash¬ 
ington. Its duty is to hear claims against the Federal govern¬ 
ment. If it decides that a certain amount of money is due a 
person from the United States, it cannot compel payment 
but must be dependent upon an appropriation by Congress. 
However, the money is invariably appropriated as a matter 
of course. 

The Court of Customs Appeals, composed of five judges, 
was established in 1909. It holds its sessions at Washington 
or any other convenient place. It has jurisdiction over cases 
arising under the tariff laws. Appeals may be taken to it 
when dissatisfaction exists with the decisions of the Board 
of General Appraisers, relative to the classification of mer¬ 
chandise and the rate of duty imposed thereon. Most of the 
cases arise at the port of New York. 

The Courts of the District of Columbia consisting of sev¬ 
eral local courts, a court of appeals and a supreme court. 
It is their duty to take care of all cases arising under the laws 
enacted by Congress for the District of Columbia. 

The Rights of Individuals are carefully guarded by the Bill 
of Rights consisting of the first ten Amendments to the Fed¬ 
eral Constitution. The rights guaranteed to citizens are very 
similar to those guaranteed by the Declaration of Rights in 
our State Constitution, such as freedom of person, of speech 
and press, of religion, and of petition; protection against 
bills of attainder and ex post facto laws, and the just treat¬ 
ment of suspected persons before trial, as well as on trial. 1 


'See the Amendments. 



290 


THE UNITED STATES GOVERNMENT 


These ten Amendments restrict only the actions of Congress. 
They do not apply to the States. The Federal Courts must 
carefully guard the rights of citizens against abuse by the 
Federal Government, as well as interpret and apply the 
great body of statutes enacted by Congress. 

REVIEW QUESTIONS 

1. Why is it necessary to have a system of Federal Courts? 

2. Describe the organization of the system of regular courts. 

3. How do the judges secure their offices? 

4. What is meant by original jurisdiction? By appellate jurisdiction? 

5. State the general jurisdiction of the Federal courts. 

6. State the jurisdiction of each of the regular courts. 

7. Name the special courts and state the jurisdiction of each. 

PRACTICAL POINTS 

1. How many judicial districts in this State? 

2. Locate their boundaries upon the map. 

3. In which district do you live? 

4. Is court held in more than one place in your district? Where is court 
held? 

5. Who is your District judge? Where does he live? 

6. In what judicial circuit do you live? What states comprise it? 

7. Where are the sessions of the Circuit Court of Appeals held? 

8. Who is judge of your Circuit Court of Appeals? Where does he live? 

9. Who is Chief Justice of the United States Supreme Court? Name the 
Associate Justices. 

10. What is the salary of a United States District judge? Of a Circuit 
judge? Of an Associate Justice of the Supreme Court? Of the Chief Justice? 
(See Wisconsin Blue Book, or The World Almanac) 

11. If you defaced a mail box, who would capture you? What court would 
try you? To what prison would you be sent? 

REFERENCES 

1. American Government—Macgruder, Chapter XIV, pp. 193-202. 

2. Our Government—James and Sanford, Chapter XVI, pp. 156-163. 

3. The American Federal State—Ashley, Chapter XVI, pp. 316-325. 

4. American Government and Politics—Beard, Chapter XV, pp. 294-314. 


XXXI. THE RIGHTS AND DUTIES OF STATES 


The Territory of the United States. When the thirteen orig¬ 
inal colonies secured their freedom in 1783, England also 
released her claim to the vast territory west of the Alleghany 
Mountains and east of the Mississippi. The States then with¬ 
drew their conflicting claims, leaving these lands to the Fed- 
ral government. Thus began the great public domain to 
which was added from time to time the Louisiana Pur¬ 
chase, Florida, the Mexican Session, the Oregon Territory, 
and other possessions. 

The Government of Territories. To govern this territory 
was no easy task. Congress was given power to make all 
needful rules and regulations respecting the territory of the 
United States. 1 

Consistent with the authority granted it, Congress has pro¬ 
vided two forms of territorial government—(1) that for un¬ 
organized territory; and (2) that for organized territory. 
Unorganized territories are directly under the control of 
Congress. Commonly an executive department is provided 
by the appointment of a governor and attorney-general, and 
a judicial department by the appointment of three judges. 
There is no legislative department, the necessary laws being 
enacted by Congress. 

When the population is sufficient, an organized territory 
is established. Then the executive department consists of 
a governor, a secretary, treasurer, attorney-general, superin- 


’Article IV, section 3, clause 3. 


291 



292 


THE UNITED STATES GOVERNMENT 


tendent of education, adjutant-general, and auditor; all ap¬ 
pointed by the President and the Senate. The judicial de¬ 
partment consists of a number of judges, the territorial 
courts being organized on a plan similar to those of a State. 
The legislative department consists of two houses, the mem¬ 
bers of which are elected by popular vote. 

The Organization of Territories Into States. The power to 
admit or refuse to admit a territory to statehood has been 
given to Congress. 1 It has provided that a territory may be¬ 
come a State in one of two ways. (1) It may elect delegates 
to a convention, which frames a constitution. Application 
is then made to Congress for admission to the Union and, at 
the same time, the constitution is submitted for approval. If 
Congress accepts and ratifies the constitution the territory 
becomes a State. Or, (2) the territory may make formal 
application for admission. An “enabling act” is then passed 
by Congress, authorizing the people to establish a State gov¬ 
ernment. The governor of the territory then calls an 
election of delegates to a constitutional convention. The 
constitution may, or may not be submitted to the people for 
ratification. When it is approved by Congress the territory 
becomes a State. 

The Rights of States. Since the general government is a 
representative democracy or a republic, it was deemed nec¬ 
essary to guarantee to each of the States a republican form 
of government. Since the invasion of any State would en¬ 
danger the security of the United States, and since the states 
are deprived of the right to maintain troops or ships of war 
in times of peace, provision is made that the United States 
shall protect each of the states against invasion; and on ap¬ 
plication of the Legislature, or of the Executive (when the 


‘Article IV, section 3, clause 1 (in part). 



THE EIGHTS AND DUTIES OF STATES 293 

Legislature is not in session) against domestic violence. 1 It 
is presumed that each state is the best judge of its own abili¬ 
ty to enforce its laws and quell disturbances. Then, too, by 
requiring the State to demand the aid before it is sent, the 
Central government is deprived of the opportunity to inter¬ 
fere with State affairs under the pretext of protecting it. 

The Duties of States to One Another. While the Constitu¬ 
tion guarantees to the states certain rights, it also imposes 
upon them certain duties to each other. Each State must give 
full faith and credit to the public acts, records, and judicial 
proceeding of every other; and Congress is given power to 
prescribe by general law the manner in which such acts, 
records, and proceedings shall be proved. 2 Congress has 
provided that legislative acts are made authentic and must 
be accepted when the seal of the State is affixed, and court 
records are made authentic by the certificate of the judge, 
the signature of the clerk, and the affixing of the court seal. 
By acceptance of the legislative acts and court records of 
each other, the states avoid endless confusion and litigation. 
Each State must grant to the citizens of the United States all 
the privileges and immunities of citizens in the several 
states. That is, it must not regard them as aliens; it must 
permit them to come and go, to acquire, enjoy and dispose 
of property as freely as it does its own citizens; it must in no 
way discriminate against them; it must grant them the same 
legal protection that it grants its own inhabitants. 

A person charged in any State with treason, felony, or 
other crime, who flees from justice and is found in another 
State, must, on demand of the executive authority of the 


’Article IV, section 4. 

’Article IV, section 1. 

’Article IV, section 2, clause 1. 



294 


THE UNITED STATES GOVERNMENT 


State from which he fled, be delivered up, to be removed to 
the State having jurisdiction of the crime. 1 When the sus¬ 
pected fugitive from justice is found in a State other than 
where the crime was committed, a requisition is made in offi¬ 
cial form by the Governor of the State where the offense was 
committed upon the Governor of the State where the sus¬ 
pected person is found. The latter is free to decide whether 
the person demanded is a fugitive from justice of the State 
making the demand. The process of thus securing the sur¬ 
render of fugitive criminals is called extradition. If the duty 
of delivering up suspected persons for trial was not imposed 
upon the states, criminals would frequently escape punish¬ 
ment and lawlessness would be encouraged. To secure obedi¬ 
ence to law, nations universally make extradition treaties 
with one another. 


REVIEW QUESTIONS 

1. Describe the territory that has once been a part of the public domain. 

2. How is unorganized territory governed? 

3. Describe the form of government for organized territory. 

4. In what ways may a territory become a State? 

5. What rights are guaranteed the States by the Constitution? 

6. What duties are imposed by the Constitution upon a State relative te 
the rights of other States? 


PRACTICAL POINTS 

1. Was the territory now comprising the State of Wiconsin ever a part 
of the public domain? If so, when? 

2. Was it ever unorganized territory? If so, when, and of what territory? 

3. When did it constitute an organized territory? 

4. Which of the two methods by which a territory may become a State did 
Wisconsin use when she entered the Union? 


‘Article IV, section 2, clause 2. 



THE RIGHTS AND DUTIES OF STATES 


295 


5. Did the territory of Wisconsin submit her proposed Constitution to th« 
people? With what result? 

6. Do you know of an instance in which Wisconsin has given full faith 
and credit to the laws of another State? 

7. How would a criminal wanted in Wisconsin be caught in Illinois? 

REFERENCES 

1. Our Government—James and Sanford, Chapter XVII, pp. 165-173. 

2. American Government—Macgruder, Chapter XVI, pp. 216-225. 

3. American Government and Politics—Beard, Chapters XXI, XXII, pp. 
417-457. 

4. The American Federal State—Ashley, Chapter X, pp. 197-220. 


r 


XXXIL METHODS OF CHANGING THE CONSTITUTION 


Need for Amendments. The framers of the Constitution 
realized the impossibility of drafting a perfect document— 
one that would meet the needs of their time and all future 
times. So provision was made by which the Constitution 
may be changed. The process was made sufficiently difficult 
to prevent its modification by every passing wave of public 
opinion; yet sufficiently easy to make possible amendments 
necessary to meet abiding changes in the social and political 
order. However, some think the method too complex and 
believe a simpler one should be provided. 

The Method of Amendment. Two steps are necessary in the 
amendment of the Constitution. First an amendment must 
be proposed; and second it must be ratified. It may be pro¬ 
posed in either one of two ways—(1) by a two-thirds vote 
of each house of Congress; or (2) by a convention called by 
Congress at the request of the legislatures of two-thirds of 
the States. The amendment may be ratified also in either 
one of two ways—(1) by the legislatures of three-fourths of 
the States; or (2) by conventions in three-fourths of the 
States, the conventions being called especially to consider 
ratification. Congress is permitted to determine which of 
the two methods of ratification shall be employed. 1 

Two limitations were placed upon the right to amend the 
Constitution. It was provided that the importation of slaves 
could not be prohibited prior to 1808; and a limitation, 

Article Y. 


296 



METHODS OF CHANGING THE CONSTITUTION 


297 


which is still in effect, that no State can be deprived of its 
equal suffrage in the Senate. 

Up to the present time all amendments have been framed 
and proposed by Congress, and ratified by State Legisla¬ 
tures. Some two thousand have been proposed but only 
nineteen have been ratified. 

Amendments Adopted. The first ten Amendments were 
passed in response to a demand made by several of the 
states at the time they ratified the Constitution. They de¬ 
clared there was no explicit guarantee of the rights of indi¬ 
viduals against abuses by the Federal government. These ten 
Amendments guarantee to the citizens the rights of personal 
liberty; of personal security; and of private property. Be¬ 
cause these amendments resemble the provisions of the Eng¬ 
lish Bill of Rights enacted in 1689, they are commonly re¬ 
ferred to as the Bill of Rights. 

The Xlth and Xllth Amendments we have already consid¬ 
ered. The former provides that a citizen cannot sue a State 
in the United States courts; and the latter provides the pres¬ 
ent method of electing the President and Vice-President. 

The XHIth, XIVth and XVth Amendments were the results 
of the Civil War. The XHIth abolished slavery in the United 
States, except as punishment for crime. The XIVth makes 
the freed slaves citizens of the United States, and forbids 
the States to enact any laws abridging their privileges as 
such, or denying male citizens twenty-one years of age the 
right to vote. But the provisions have never been made en¬ 
tirely effective. The XVth Amendment endeavored to secure 
full political rights for the negro by providing that the right 
of citizens to vote should not be abridged on account of race, 
color, or previous condition of servitude. But this amend¬ 
ment has proven inadequate. Negroes quite commonly have 
been deprived of the right to vote. 


2 93 


THE UNITED STATES GOVERNMENT 


The XVIth Amendment, adopted in 1913, permits Congress 
to lay and collect an income tax, without apportioning it 
among the several States according to population as must be 
done in the case of other direct taxes. A Federal income tax, 
levied in harmony with this article, now yields a large rev¬ 
enue. 

The XVIIth Amendment, also adopted in 1913, provides 
for the election of United States Senators by popular vote, 
instead of by State Legislatures as had been the method 
since the adoption of the Constitution. 

The XVIIIth Amendment was proposed by Congress in 
1917 and ratified by the necessary number of State Legisla¬ 
tures in 1919. It provides for the prohibition of the manu¬ 
facture and sale of intoxicating liquors throughout the Unit¬ 
ed States. This country thus became the first of the leading 
nations of the world to enact such a constitutional provision. 
It removed from our land one of the greatest curses of man¬ 
kind and has done much to establish an environment in 
which the individual citizen can make the most of himself. 

The XIXth and last Amendment was added to the Consti¬ 
tution in 1920. It extends to women throughout the United 
States the right to vote under the same limitations as men. 
The provision was added to the Constitution in time to per¬ 
mit the women to take part in the general election in 
November of that year. 

The Supreme Law of the Land consists of the Constitution, 
the laws of the United States, and the treaties made with for¬ 
eign countries. That is if a State Constitution or a statute of 
a State is inconsistent with any of them, the Constitutional 
clause or the statute must be declared null and void by the 
courts. This is necessary to the continued supremacy of the 
United States. 


METHODS OF CHANGING THE CONSTITUTION 


299 


REVIEW QUESTIONS 

1. Why should provision be made for amending the Constitution? 

2. In what ways may the Constitution be amended? 

3. How many amendments have been adopted? 

4. What is the Bill of Rights? 

5. What change was made in the Constitution by the Xlth Amendment? 
By the Xllth? 

6. What rights were provided by the XIHth Amendment? The XIVth 
Amendment? The XVth Amendment? 

7. What is the provision of the XVIth Amendment? 

8. What is the provision of the XVIIth Amendment? 

9. What change was made by the XVIIIth Amendment? 

PRACTICAL POINTS 

1. Give four possible ways in which the Constitution may be amended. 

2. Name three rights guaranteed you by the Bill of Rights. 

3. Does involuntary slavery exist in Wisconsin at the present time? If 
so, where? Is it contrary to the XIHth Amendment? Why? 

4. Should all male negroes, twenty-one years of age and citizens of the 
United States have the right to vote? Give reasons. 

5. In what way has your family been affected by the Federal income tax? 

6. Why should United States Senators be elected by popular vote rather 
than by the State Legislature? 

7. Should the manufacture and sale of intoxicating liquors be prohibited? 
Why? 

8. Should women have the right to vote? Why? 

REFERENCES 

1. Our Government—James and Sanford, Chapter XVIII, pp. 175-177. 

2. Community Civics—Hughes, Chapter XIV, pp. 214-216. 

3. School Civics—Boynton, Chapter XVI, pp. 250-254. 


XXX1I1. THE LEAGUE OF NATIONS 


Movement toward a World State. Since the beginning of 
human history two great motives have directed the activities 
of men. One is the spirit of selfishness, the other the spirit 
of altruism. 

The selfish individual satisfies his own wants without re¬ 
gard to the rights of others. In the earliest stages of savage 
existence, he secured the food, the clothing, the shelter lie 
desired, and, if necessary, took the life of anyone who inter¬ 
fered. This spirit of selfishness has directed the lives of 
many men through all ages down even to the present day. 
They satisfy their own personal ends at the expense of the 
general good. 

The altruistic person is one who has full regard for the 
rights of others, and who seeks the promotion of the general 
welfare while supplying his own needs. These are the in¬ 
dividuals who have organized the great social institutions 
which have done so much for the improvement of humanity. 

The earliest altruistic savage did not eat all the food he 
gathered, nor did he wear all the skins of animals he ob¬ 
tained, nor did he occupy alone the shelter he found, but he 
shared them with his wife and children. Thus, the spirit 
of altruism made possible the organization of the family. 
And it is only by its continuous exercise that the family can 
be maintained. Love, of which this spirit is born, must be 
strong in the home if the family is to continue the basic in¬ 
stitution of organized society. 

Gradually, this spirit of altruism caused men to be 


300 


THE LEAGUE OF NATIONS 


301 


thoughtful of their relatives as well as their immediate 
families. So they ceased to kill them and began to cooperate 
with them in an effort to further the common good. The 
clan, composed of near relatives, was organized under the 
leadership of the strongest for defensive and offensive war¬ 
fare, and to maintain order and justice within the group. 

In time, the altruistic spirit united the clans into a tribe. 
With its council of warriors, and led by a chieftain, the tribe 
carried forward its activities of common concern, preserving 
peace within the organization and waging warfare against 
the common foe. 

As civilization advanced the peoples ceased the migratory 
life and settled down. Then the family became more defin¬ 
itely organized in its present form; the clans formed city 
wards, villages or towns; the tribes organized into counties 
or states; and a group organized into the nation. 

So the spirit of altruism, the spirit of cooperation, first 
found its expression in the organization of the family, then 
the grouping of families into clans; clans into tribes; and 
tribes into states and nations. Or, expressing the historical 
development of political society in other words, there was 
first formed the family; then the town, village or city; then 
the county; then the state; then the nation. Since mankind 
has taken five of the six steps towards the federation of the 
world, it is most reasonable to believe that the last one will 
also be taken. 

The Need of a World State. As was learned at the begin¬ 
ning of our study of Civics, every person possesses certain 
God given faculties,—physical, intellectual and spiritual,— 
and it is his most sacred duty to develop these to the highest 
possible perfection. States are established among men for 
the purpose of providing the best possible environment in 
which to develop these faculties. Life must be safeguarded, 


302 


THE UNITED STATES GOVERNMENT 


personal liberty must be assured, freedom of thought, ex¬ 
pression and worship must be guaranteed, and the rights of 
private property protected. If man’s spiritual nature is to 
be developed opportunity must be provided for great co¬ 
operative undertaking which will enable him to exercise 
those qualities of fellowship so necessary to spiritual growth. 

The establishment of the clan made possible the mainten¬ 
ance of justice and the ministration of mercy among im¬ 
mediate relatives. But brute force prevailed between clans. 
Might made right. The union of clans into a tribe substi¬ 
tuted the human qualities of justice and mercy, for the brute 
quality of force, in the settlement of interclan difficulties; 
but might continued the law between tribes. In time the 
tribes or rather the states which they came to form, united 
into a nation. Then the principles of justice settled the 
differences between the states, as in case of our own Union, 
but the law of force continued to settle international dis¬ 
putes. 

Slowly a body of international law was developed which 
sought to maintain right relations between sovereign states, 
and settle differences between them without war. But with 
no superior authority to enforce the provisions, it proved 
inefficient as shown by many wars, the most notable being 
the recent terrible World War. 

The Establishment of the League of Nations. The establish¬ 
ment of an international government with power to settle 
differences between the soverign states of the world in har¬ 
mony with the principles of justice, mercy and the promo¬ 
tion of human welfare became a recognized necessity. 

That such a state might be established furnished inspira¬ 
tion and enthusiasm to the Allied Nations during the closing 
years of the World War. By November 1918, when the 
armistice was signed, it was a common belief that no more 


THE LEAGUE OF NATIONS 


303 


fitting monument could be established to the memory or the 
millions of brave men who have given their lives for the 
liberty of the world than that a league of nations be organ¬ 
ized which should have as its purpose the preservation of 
peace and the promotion of justice throughout the world. 

It was with a desire to establish such a government that 
the representations of the Allied Nations assembled in Paris 
in December 1918. After long and painstaking effort a ten¬ 
tative Constitution for the League of Nations was submitted 
to the world for consideration. It was freely discussed by 
the nations interested, especially by the United States. Ob¬ 
jections were raised and criticisms, both destructive and 
constructive, were made. 

At a second sitting of the Peace Conference, the Constitu¬ 
tion was carefully revised, incorporating not a few import¬ 
ant changes recommended by statesmen in America and 
other countries. Upon April 28th, 1919, the Peace Confer¬ 
ence adopted the revised Constitution, or Covenant as it was 
now called, without a dissenting vote. It was formally 
signed—together with the general treaty of peace—by the 
delegates of the leading nations engaged in the World War 
on June 28th, 1919. It was next submitted to the various 
governments interested for ratification. After much discus¬ 
sion and debate, the leading powers, excepting the United 
States, ratified the treaty, including the Covenant. Thus was 
estabilshed a confederation of the leading nations of the 
world. Forty-six states were eligible to be charter members 
of the League of Nations and the Covenant provides a 
method by which the remaining states may enter. The 
adoption of the Covenant by more than forty nations and 
the establishment of the League constitutes a great step 
toward the abolition of war and the advancement of the 
human race. The highest type of civilization demands peace. 


304 


THE UNITED STATES GOVERNMENT 


The Covenant, or Constitution of the League of Nations is a re¬ 
markable document containing twenty-six articles. Untold 
possibilities are provided by it for promoting the general 
good. It can be very properly considered the Magna Charta 
of mankind. Conceived in the spirit of liberty, equality and 
fraternity, may it fulfill its purpose. 

The Capital of the League is located at Geneva, Switzerland, 
although it may be changed to another place, at any time, 
by a vote of the Council. 

The Organs of the League. The functions of the League 
are performed by three distinct bodies—an Assembly, a 
Council, and a permanent Secretariat. 

The Assembly is composed of not less than one, nor more 
than three, representatives from each state comprising the 
League. The representatives from each state have but one 
vote upon any question coming before the Assembly. They 
are chosen by such method as the nation sending them may 
wish to employ, and serve for such time as it may deem wise. 

The Council consists of one representative from each of 
the four leading allied powers—the British Empire, France, 
Italy, and Japan—together with one representative from 
each of four other nations, members of the League. These 
four states are determined, from time to time, by the Assem¬ 
bly. The number of states represented in the Council may 
be increased by decision of the Council and the Assembly. 

The representatives to the Council are selected by the 
states which they represent and serve for such period as 
the states may determine. 

The Secretariat is a permanent body, consisting of a Secre¬ 
tary-General and such secretaries and staff officials as the 
business of the League may require. The first Secretary- 
General, Sir James Eric Drummond of England, was ap¬ 
pointed by the Peace Convention, thereafter the Secretary- 



THE LEAGUE OF NATIONS 


305 


General is to be appointed by the Council with the consent 
of the majority of the Assembly. The secretaries and staff 
officers are appointed by the Secretary-General with the 
approval of the Council. 

The Time and Place of Meeting. The Assembly must meet 
at stated intervals at the seat of the League or other place 
previously decided upon. Special meetings may be held as 
occasion requires. 

The Council must meet at least once a year, at the seat of 
the League, or other place previously agreed upon. Special 
meetings may be held when deemed necessary. 

The Secretariat is a permanent body being constantly at 
work. Its offices are at the seat, or capital, of the League. 
Their location can be changed only by moving the capital 
to another city. 

Powers and Duties. The authority of the League is quite 
limited yet it is permitted to exercise certain legislative, 
administrative, judicial, advisory and appointive powers. 

The Assembly is authorized to admit states to membership 
in the League by a two-thirds vote; to advise the reconsidera¬ 
tion of such treaties as it believes to be out of date; to arbi¬ 
trate disputes between states which are submitted to it; and 
to consider “any matter within the sphere of the League or 
affecting the peace of the world.” The last named power is 
a very broad one. 

The Council exercises a variety of powers. It is required 
to enforce the provisions of the Covenant and it may expel 
from the League any member which refuses to obey. 

Like the Assembly, the Council is authorized to deal with 
“any matter within the sphere of the League or affecting the 
peace of the world.” 

It is permitted to inquire into any dispute between mem¬ 
bers of the League and endeavor to secure a settlement 


306 


THE UNITED STATES GOVERNMENT 


should the parties fail to submit the question to the Assem¬ 
bly or the Court of Arbitration. If a member of the League 
becomes involved with a state not a member of the League, 
or if two non-member states should enter into a difference 
likely to lead to war, the Council may take steps necessary 
to settle the dispute and prevent hostilities. 

In case any state fails to carry out the award of an arbi¬ 
tration by which it has agreed to abide, the Council must 
propose the means by which the decision is to be enforced; 
and should war be levied against the League, the Council 
recommends what military and naval forces each member 
shall contribute to the defense. 

It appoints all permanent international commissions and 
bureaus and directs their activities together with those of all 
existing international bureaus which, by the Covenant, are 
placed under the direction of the League. 

To guard each state against abuse by a combination of the 
remaining states in the League, it is provided that, except 
where expressly provided in the Covenant or treaty, no de¬ 
cision of the Assembly or of the Council shall be effective 
unless approved by all members of the League represented 
at the meeting. The United States, or any other nation, can 
thus prevent any action on the part of the League which it 
considers detrimental to its own interests. 

The Secretary-General , together with the subordinate 
secretaries and staff officials, perform the administrative 
functions of the League. The size of this department will no 
doubt increase greatly as time goes on and the work of the 
League is extended. 

The International Court of Justice , established in accord¬ 
ance with plans worked out by the Council and adopted by 
the members of the League, exercises two distinct functions. 


THE LEAGUE OF NATIONS 


307 


It may give an advisory opinion upon any question or dis¬ 
pute referred to it by the Council or Assembly. It also hm 
power to hear and decide any dispute of an international 
character which the parties involved may submit. 

Important Provisions of the Covenant. Since it is the aim of 
the League to preserve the peace of the world and promote 
the highest interests of mankind, the Covenant contains the 
provisions essential to the carrying out of these purposes. 

The members of the League are to respect each other's 
independence and territory and preserve them, if necessary, 
against external attack. But all nations are to fully respect 
the Monroe Doctrine. Since improved methods of com¬ 
munication and transportation have virtually made the 
world a neighborhood, war or even the threat of war is a 
serious concern to all the states, so every member is author¬ 
ized to call the attention of the League to anything that 
threatens to disturb the peace of the world and the League 
may take such action as it deems necessary to prevent strife. 

Any trouble arising between the members of the League 
which is likely to lead to war must be submitted either to 
arbitration by an international court or to mediation by the 
Council or the Assembly. A member can submit its dispute 
to the proper authority by giving notice to the Secretary- 
General who will arrange for a hearing. No state is to go to 
war until three months after the award of the court or the 
recommendation of the Council or Assembly has been made; 
and never must it carry on a war against a state that com¬ 
plies with the award of the tribunal or with the unanimous 
recommendation of the Council or the Assembly. All awards 
and recommendations are to be carried out in good faith. 

Any nation making war contrary to the provisions of the 
Covenant is deemed an enemy of the League and is treated 
accordingly. An economic boycott is carried on against it 



308 


THE UNITED STATES GOVERNMENT 


by the other members of the League, that is they promptly 
discontinue all business relations with the warring state. In 
these days of great commercial interdependence, this would 
prove most disastrous to the rebellious state and would 
doubtless be sufficient to bring it to terms. But, should the 
boycott prove ineffectual the nations agree to supply such 
military and naval forces as the Council may direct, and also 
to grant passage through their territory to the forces of the 
League. 

Germany has proved that a nation prepared for war will 
engage in war, so the members of the League are agreed that 
the preservation of peace requires the reduction of arma¬ 
ments to the lowest point consistent with national safety and 
the enforcement of international obligations. The Council 
is required to formulate plans for such reduction which are 
to become operative when approved by the members of the 
League. These plans are subject to revision at least every 
ten years. A permanent commission has been established 
to advise the Council. The nations agree to keep each other 
fully informed as to the size of their armaments, the details 
of their military and naval programs, and the condition of 
their industries adaptable to war purposes. 

Secret treaties and agreements have been a cause of much 
international trouble. To stop this source of annoyance all 
treaties are to be registered with the Secretariat, and a treaty 
is not binding until so registered. No treaty is to be made in 
violation of the Covenant of the League. 

The commerce of the members is guaranteed perfect free¬ 
dom and just treatment on the high seas. But trade in opium 
and other dangerous drugs, as well as in arms and ammuni¬ 
tion, is to be properly supervised. 

Fair and humane conditions of labor for men, women and 
children are to be established within the states which are 


THE LEAGUE OF NATIONS 


309 


members of the League and, as far as possible, in the coun¬ 
tries with which they have commercial and industrial rela¬ 
tions. Such organizations as are necessary to carry out these 
purposes must be established. The effect of this provision 
will ultimately be to advance greatly the conditions of labor 
throughout the civilized world. 

The backward peoples of the earth are not to be con¬ 
quered, but their well-being and development are to be a 
sacred trust to be administered by member states acceptable 
to the peoples concerned, which will consent to act as 
agents, or mandatories, of the League for such purpose. A 
permanent mandatory commission supervises the work of 
the mandatory states, carefully examining the annual re¬ 
ports made and advising the Council respecting the admin¬ 
istration of the affairs of the backward peoples. Here, for 
the first time, the great nations of the world have acknowl¬ 
edged it to be their duty to employ the strength they possess 
in the uplift, instead of the oppression, of the inferior races. 
May the spirit as well as the letter of the Covenant be carried 
out. 

The offices of the League, even including that of Secretary- 
General, are to be open to women as well as men; and the 
expenses are divided among the members according to a 
plan agreed upon. 

Amendments may be made to the Covenant by unanimous 
vote of the Council and a majority vote of the Assembly. No 
amendment is binding on any member of the League which 
signifies its dissent therefrom, but in such case the dissenting 
state ceases to be a member of the League. 

Members of the League. As previously stated, forty-six 
nations are privileged to become charter members of the 
League; and any other nation may be admitted to member¬ 
ship by a two-thirds vote of the Assembly. A state may be 



310 


THE UNITED STATES GOVERNMENT 


expelled from the League by a unanimous vote of the Coun¬ 
cil; or it may withdraw by giving two years notice of its in¬ 
tention to do so. 

Conclusion. The League of Nations is in no sense a gov¬ 
ernment superior to the member states but is an organiza¬ 
tion established by mutual agreement among the nations 
comprising it. It can not coerce the states. Sovereign power 
rests with the separate members. It is the servant, not the 
master, of the states comprising the League. By its assist¬ 
ance, the members hope to preserve the peace and promote 
the general welfare of the world. 

The Covenant of the League, like the Articles of Confed¬ 
eration adopted by the thirteen original colonies of the 
United States, may be but the first step towards a more per¬ 
fect union. The nations may some day establish a United 
States of the World which will be given powers similar to 
those of our Federal government, thus ensuring the peace 
and promoting the general welfare of the world. May the 
day soon come when the governments will fulfill the mission 
for which they were intended and ensure to every individual 
that protection, freedom and opportunity that will enable 
him to make the most of the qualities with which the Cre¬ 
ator has endowed him. It is the duty of every loyal Ameri¬ 
can citizen to establish such conditions in his local unit, in 
his county, his state and the nation; and then do all within 
his power to perfect the international state which will es¬ 
tablish peace and good will among men. 

REVIEW QUESTIONS 

1. From the beginning of history what steps towards a world state have 
been taken? 

2. Why is a world state needed? 

3. Describe the events leading to the establishment of the League of 
Nations. 


THE LEAGUE OF NATIONS 


311 


4. What is the Covenant? 

5. Where is the capitol of the League? 

6. Describe the organization and duties of the Assembly; of the Council; 
of the Secretariat. 

7. State the important provisions of the Covenant. 

8. How may the Covenant be amended? 

PRACTICAL POINTS 

1. What nations are members of the League at present? 

2. Who is Secretary-General of the League? 

3. Who are our representatives in the Assembly? Council? Who repre¬ 
sents each of the other countries? 

5. State the argument in favor of the League of Nations. Can you give 
any against it? If so what are they? 

6. Should the United States remain out of the League? Give your reasons. 


INDEX 


A 

Abuses, by State government pro¬ 
hibited, 109; by United States, 
244, 289. 

Administrative Department, State, 
Nature, 162; elective officers, 
162-164; appointive, 164,165; 
boards, 170. 

Admiralty, 286, 287. 

Affidavit, defined, 110. 

Agri cultural Representative, 
county, 92. 

Agriculture, State Board, 169. 

Agriculture, Secretary of, appoint¬ 
ment, 271; duties, 278-279; 
salary, 271. 

Ambassadors, 265, 266, 267. 

Amendments, to State Constitu¬ 
tion, 202-203; to United States 
Constitution, 296-298; to Cov¬ 
enant, League of Nations, 309. 

Animal Husbandry, Bureau of, 
278. 

Annual meeting, school district, 
33; town, 40. 

Appointments, by Governor, 156; 
by President, 257-260. 

Apportionment, of assemblymen, 
128; of State senators, 128; of 
of representatives, 221-222. 

Aristocracy, defined, 21; evils of, 
18. 

Armies, support of by United 
States, 242. 

Army, Regular, 275. 

Assembly, State, members, 127; 
sessions, 134; organization, 
135-136; quorum, 136; order 
of business, 138; method of 
voting, 139; power of impeach¬ 
ment, 177; League of Nations, 
304, 305. 


Assessment, town, 47; village, 57; 
city, 67; county, 189; State 
equalization, 187-189. 

Assessor, town, 47; village, 57; 
city, 67; county income tax, 91. 

Attorney, village, 57; city, 70; 
district, 89; State, 163 ; General, 
of United States, 271, 276; 

United States district, 284. 

Attorney-General, State, 163; 
United States, appointment, 
271; duties, 276; salary, 271. 

B 

Bail, defined, 111; how fixed, 179. 

Banking, State Commissioner of, 
164. 

Bankruptcies, 241. 

Banks, state, 165; national, 244, 
273; federal reserve, 244, 273; 
farm loan, 244, 273. 

Bill of attainder, defined, 109; 
prohibited in State, 109; in 
United States, 244. 

Bills, passage in State Legislature, 
147-149; in Congress, 230-231. 

Board, school, 35-36; town, 44- 
45; village, 55; county, 81; 
of Control, 166; of Regents, 
University, 169; of Regents, 
Normal Schools, 169. 

Board of Health, town, 49; vil¬ 
lage, 57; city, 71; State, 168. 

Board of Review, town, 47,188; 
village, 57, 188; city, 67, 188; 
county, 189; State, 189. 

Boards, administrative, city, 92- 
94; county, 92-94; State, 165- 
170. 

Body, its needs, 11-12. 

Bond, definition and kinds, 237- 
238. 


312 


INDEX 


313 


Borrow money, in town, 42; in 
village, 55; in city, 66; in 
county, 84; in State, 145; in 
United States, 237-238. 

Boundaries, of Wisconsin, 115. 

Bridges, 41, 84, 91, 169. 

Bureau of, Reclamation, 277; In¬ 
dian Affairs, 27 7; Education, 
277; Patents, 277; Soils, 278; 
Plant Industry, 27 8; Weather, 
278; Animal Husbandry, 278; 
Chemistry, 278; Census, 279; 
Corporations, 279; Labor Sta¬ 
tistics, 279; Immigration, 27 9; 
Naturalization, 280; Child Wel¬ 
fare, 280. 

c 

Cabinet, 270-280. 

Canvass of votes, 122-123. 

Caucus, 4 0, 122. 

Census, Bureau of, 279. 

Certiorari, writ of, 175, 288. 

Chairman, of school meeting, 34; 
of town, 45; of county board, 
83. 

Chemistry, Bureau of, 278. 

Chief of Police, city, 70. 

Child, duties in home, 22, 24; in 
school, 26, 28; on school 

grounds, 27; prepared for citi¬ 
zenship at school, 28-29. 

Child Welfare, Bureau of, 280. 

City, government of, 59-77; class¬ 
es, 59-61; officers, 61; commis¬ 
sion form of government for, 
72-74; city-manager plan for, 
74-77. 

Citizens, the best, 11; in the fam¬ 
ily, 22; in the school, 27; in the 
town, 50-51; in the village, 58; 
in the city, 72; in the county, 
94-95; in the State, 182; in the 
United States, 243; health of, 
198-200. 

Circuit Courts, State, 91, 173-175; 
United States, 283. 

Civil case, defined, 4 8 note. 

Clerk, school, 36; town, 46; vil¬ 


lage, 56; city, 69-70; county, 
87; assembly, 135; State Sen¬ 
ate, 136; House of Representa¬ 
tives, 277; United States Sen¬ 
ate, 228; of Court, State, 88, 
180; United States, 284. 

Commander-in-Chief, State mili¬ 
tia, 156; United States Army 
and Navy, 256. 

Commerce, regulation by Con¬ 
gress, 238-239. 

Commission, government for cit¬ 
ies, 72-74; State Tax, 166; 
State Industrial, 167; State 
Railroad, 167; State Highway, 
168. 

Commissioner, weed, 50; street, 
village, 58; street, city, 70; 
highway, county, 91; State In¬ 
surance, 164; State Food, 164; 
State Banking, 164. 

Committees, of Correspondence, 
211; of Legislature, 14 6, 147, 
148; of Congress, 227-228; 
work of, in Legislature, 147- 
148; in Congress, 230. 

Commutation, defined, 159; gov¬ 
ernor may grant, 159; Presi¬ 
dent may grant, 268. 

Complaint, defined, 110; how 
made, 179, 182 

Compromises, United States Con¬ 
stitution, 216-217. 

Comptroller, city, 68. 

Confederation, establishment of, 
212; articles of, 213. 

Congress, origin of word, 208; 
Stamp Act, 210; First Continen¬ 
tal, 211; Second Continental, 
212; of United States, 221; its 
sessions, 226; its powers. 233- 
244; its limitations, 244-245; 
special sessions of, 262; ad¬ 
journed, 262. 

Congressional Record, 22 9. 

Constables, in town, 45; in village, 
56; in city, 67. 

Constitution, of Wisconsin, adopt- 


314 


INDEX 


ed, 101; articles of, 102; 
amendments, 202-203. 

Of United States, adopted, 
218; purposes of, 218; articles 
of, 219; amendments, 219-220. 

Of League of Nations, 303- 
309. 

Consular Service, 272-273. 

Consuls, 265, 266. 

Control, State Board of, 166. 

Convention, State Constitutional, 
100-101, 203; United States 

Constitutional, 215; United 
States Presidential, 249. 

Copyright, 243. 

Coroner, 86. 

Corporations, Bureau of, 279. 

Corporation taxes. State, 187; 
United States, 236. 

Corrupt Practices Act, 123. 

Corruption of blood, defined, 109; 
law prohibited, 110. 

Council, in city, 63; in commis¬ 
sion government, 73, 74; in 

city-manager plan, 7 5, 76, in 
League of Nations, 304-305. 

Counterfeiting, 2 41. 

County, government of, 80-95; 
size, 80-82; officers, 82-94; 
court, 90, 173. 

Courts, need for, 171; kinds of, 
171; justice, 171; municipal, 
69, 173; county, 90, 173; State 
Circuit, 91, 173-175; State Su¬ 
preme, 175-177; State Senate 
as, 177; Need for Federal, 2 82; 
Organization of Federal, 282; 
District, United States, 282- 
283; Circuit, of Appeals, 283- 
2 84; United States, of Claims, 
289; United States, Customs 
Appeals, 289; District of Col¬ 
umbia, 289; United States Sen¬ 
ate, 252; International, 306- 
307. 

Criminal, case defined, 4 8 note; 
capture, 17, 179; trial, ISO- 
181; sentence, 182; care of, 
166, 199. 

Currency, See money. 


D 

Dairy and Food Commissioner, 

State, 164. 

Defectives, need of care, 17; cared 
for, 166, 199. 

Democracy, defined, 21; best form 
of government, 18-21. 

Dependents, need of care, 17; 
cared for, 166,199. 

Dewey, Nelson, 101. 

Diplomatic Service, 272. 

Director, school, 36. 

District Courts of United States, 
282. 

Dodge, Henry, 100, 101. 

Duties, levy by Legislature condi¬ 
tional, 14 3; by Congress, 233, 
235-236; collection, 273. 

E 

Education, board of, cities, 71; 
county supervision of, 93-94; 
State supervision of, 163; sup¬ 
port, 197; United States Bureau 
of,- 277. 

Elections, in school district, 33; 
in town, 40; in village, 54; in 
city, 61, 62; in county, 85; of 
State legislators, 129; Govern¬ 
or, 153; Lieutenant-governor, 
160; other State officers, 162; 
Representatives, 223; Senators, 
224; President and Vice-Presi¬ 
dent, 249-251. 

Eminent domain, 107. 

Engineer, city, 70. 

Environment, its importance, 15; 
best means of guaranteeing, 17. 

Equity, Case in, defined, 285. 

Excises, defined, 236; collection 
of, 273. 

Executive Department, in a town, 
43-48; in a village, 56-57; in 
city, 66-68; in county, 84-90; 
in State, 151-158; in United 
States, 247-269. 

Expenses, need for, 185; how met, 
185-186. 


INDEX 


315 


Ex post facto law, defined, 109; 
passage denied Legislature, 
109; denied Congress, 244. 

F 

Family, its nature. 21-23; the 
best, 23-24; historical develop¬ 
ment, 17, 300. 

Fire, warden, in village, 51; chief, 
in cities, 70; State marshall, 
165. 

Fish and Game, State, warden, 
165. 

Foreign Relations, President’s 
power over, 264. 

Forest Reserve, United States, 
278. 

Freedom, its importance, 15; per¬ 
sonal, guaranteed by State Con¬ 
stitution, 104-107; by United 
States Constitution, 289. 

G 

Gerrymandering, 223. 

Government, defined, 21; the fam¬ 
ily, 21-24; the school, 26-30; 
the school district, 32-37; the 
town, 39-51; the city, 59-77; 
the county, 80-95; the State, 
97-203; the United States, 205- 
298; the League of Nations, 
300-310. 

Governor, qualifications, 151; 
election, 153; term, 153; com¬ 
pensation, 15 4; powers, 155- 
158; vacancy, 154. 

H 

Habeas Corpus, writ of, 104-105, 
108, 175, 288. 

Health, its importance, 15; town 
board of, 49; county instructor, 
94; State Board of, 16S; of citi¬ 
zens protected, 198-199. 

Highways, town, maintenance of, 
41; superintendent of, 49; 
county, 84, 91; State Commis¬ 
sion of, 168; improvement of, 
199-200. 


I 

Immigration, Bureau of, 279. 

Impeachment, Governor, 154; 
other State civil officers, 150; 
President, 245, 252; Vice- 

president, 245; other United 
States civil officers, 245. 

Imposts, 236. 

Income Tax, State, 191-193; Fed¬ 
eral, 298. 

Indians, right to vote in Wiscon¬ 
sin, 117; not counted in appor¬ 
tionment, 221; supervision of, 
277. 

Industrial, State Commission, 167. 

Inheritance taxes, State, 193. 

Initiative, 124. 

Injunction, Writ of, 175, 288. 

Insurance, State Commissioner, 
164. 

Interior, Secretary of, appoint¬ 
ment, 271; duties, 277-279; 
salary, 271. 

Interstate Commerce Commission, 
239. 

J 

Judges, county, 90; circuit, 174; 
State Supreme Court, 175; 
United States District, 284; 
United States Circuit of Appeals, 
285; United States Supreme 
court, 2 85; United States spe¬ 
cial courts, 289. 

Judicial Department, town, 48; 
village, 57; city, 68-69; county, 
90-91; State, 171-178; United 
States, 283-289; League of Na¬ 
tions, 306-307. 

Jurisdiction, justice in town 
courts, 48, in village, 57, in 
cities, 68; of municipal courts, 
69; of county courts, 90; of 
State circuit courts, 174-175; 
of State Supreme Court, 176- 
177; of United States district 
court, 288; of United States cir¬ 
cuit court of appeals, 288; 
United States Supreme, 288- 



316 


INDEX 


289; of United States special 
courts, 289; original, defined, 
288; appellate, defined, 288. 

Jury, selection of, 111, 180; petit, 
180; trial by, 181; verdict of, 
182. 

Justice of Peace, in towns, 48; in 
villages, 57; in cities, 68. 

L 

Labor Statistics, Bureau of, 279. 

Land office, United States, 277. 

Law, supposed to be known, 179; 
criminal, 182; civil, 182; ad¬ 
ministrative, 183; enforcement 
of, in Wisconsin, 179-182; in 
United States, 255-25 6; case in, 
232; supreme, of land, 298. 

League of Nations, establishment, 
302-303; covenant of, 303-304, 
307-309; capital of, 304; or¬ 
gans of, 304-305; members of, 
309-310. 

Legislative body, in school district, 
33-35; in town, 40-43; in vil¬ 
lage, 55-56; in city, 63-66; in 
county, 81-84; in State, 127- 
14 9; in United States, 221-245; 
in League of Nations, 304, 305- 
306. 

Legislature, State, houses, 127; 
membership, 127; law-making 
power, 141; limitations on, 141- 
146. 

Libel. 105. 

Libraries, 198. 

Lieutenant-governor, election, 
160; term, 160; compensation, 
154; vacancy, 160; qualifica¬ 
tions, 160; duties, 135, 161. 

Life, its protection, 15. 

Lives, their needs, 11. 

M 

Mandamus, Writ of, 175, 288. 

Marshall, of village, 57; State fire, 
165. 

Mayor, city, 66-67. 


Meetings, town board, 44; village 
board, 55; city council, 63; 
county board, 83; State Legisla¬ 
ture, 134; Congress, 226* 
League of Nations, 305. 

Message, Governor’s, 15 8; Presi¬ 
dent’s 261. 

Military Academy, United States, 
274-275. 

Military, powers of President, 
256-257. 

Militia, State, 156-157; equipped 
by Congress, 242; governed, 
243; kinds of, 275. 

Mind, its needs, 12-13. 

Monarchy, defined, 21; evils of, 
18. 

Money, how drawn from treasury, 
193-194, 238; power to coin, 
240; kinds, 240, 273-274; kept, 
273. 

Municipal courts, 69. 

N 

Naturalization, process of, 243- 
244; Bureau of, 280. 

Naval Academy, United States, 
27 5. 

Navy, to maintain, conditional in 
State, 14 3; powers of Congress, 
242. 

Nomination of candidates, town 
officers, 40; village, 54; city, 
121; State, 121; Congress, 121- 
122; President and Vice-presi¬ 
dent, 249. 

Noxious weeds, kinds, 5 0 note; 
commissioner of, 50. 


0 

Oath of office, in Wisconsin, 43 
note; of Representatives, 227; 
of Senators, 228; of President, 
251. 

Officers, defined, 22; in family, 22; 
in school, 27; in school district, 
37-39; town, elective, 45-47, 
appointive, 49-50; in village, 


INDEX 


317 


elective, 55-57, appointive, 57- 
58; in city, elective, 63-69, ap¬ 
pointive, 69-72; in county, elec¬ 
tive, 82-91, appointive, 91-94; 
in State, elective, 126, 151, 162- 
164, appointive, 164-170, 171; 
in United States, elective, 223, 
224, 247, appointive, 271, 283; 
in League of Nations, 304. 

Order, keeping of, 137; of busi¬ 
ness, 138. 

Ordinance of 1787, 99. 

P 

Pardon, defined, 15 9, Governor 
may grant, 159; President may 
grant, 268. 

Parents, duty of, 22. 23-24. 

Passports, 272. 

Patents, how secured, 242; Bu¬ 
reau of, 277. 

Pension office, 278. 

Physician, city, 70. 

Plant Industry, Bureau of, 278. 

Police justice, in village, 57; in 
city, 68. 

Policemen, of village, 57; of city, 
68-69. 

Poor, care of, in town, 41; in vil¬ 
lage, 56; in city, 65; in county, 
83, 84, 93. 

Postmaster-General, appointment 
271; duties, 276-277; salary, 
271. 

Postoffices, establishment, 241; 
management, 276-277. 

Poundmaster, village, 58. 

President, of village board, 56; 
pro tern of State Senate, 161; 
of United States Senate, 228; 
of United States, 247. 

Primary election, 121. 

Privileges, of State legislators, 
132; of Congressmen, 225-226; 
of President, 252-253; of Vice- 
president, 252-253. 

Property, its importance, 16; 
guaranteed, 107; tax, 187-191. 


Publicity, proceedings of city 
council, 64; county board, 83; 
Legislature, 136, 137; Con¬ 

gress, 229. 

Pubilc property, State Superin¬ 
tendent of, 165. 

Public Ministers, 265, 266, 267. 

Q 

Qualifications, village officers, 54; 
city officers, 62; State legisla¬ 
tors, 130; Governor, 151; Lieu¬ 
tenant-governor, 160; Repre¬ 
sentatives, 224; Senators, 225; 
President, 252; Vice-president, 
252. 

Quorum, town board, 44; village 
board, 55; city council, 63; Leg¬ 
islature, 136; House of Repre¬ 
sentatives, 228; Senate, 228. 

Quo Warranto, Writ of, 175, 288. 


R 

Railroad, State Commission. 167; 
regulation by United States, 

os q 

Recall', 124. 

Referendum, 124. 

Register of Deeds, 87. 

Registration of voters, 120-121. 

Removal of officers, city, 62; 
county, 85; legislators, 138; 
Governor, 154; other State offi¬ 
cers, 156, 177; congressmen, 

229; President and Vice-presi¬ 
dent, 252-253; other Federal 
officers, 261-261. 

Representatives, apportionment, 
221; nomination of, 223; elec¬ 
tion of, 223; term, 224; quali¬ 
fications, 224; compensation, 
226; privileges, 225-226. 

Representatives, House of, number 
of members, 221; officers, 227; 
method of voting, 229; powers, 
233-244; sole powers, 245; 
powers denied, 244-245. 


318 


INDEX 


Reprieve, defined, 159; Governor 
may grant, 159; President may 
grant, 268. 

Republic, defined, 21; reasons for, 
127. 

Right, guaranteed by Constitution 
of Wisconsin, 104-113; by Con¬ 
stitution of United States, 244- 
245. 

S 

Salaries, city officials, 63; county 
officials, 82, 84, 85; State legis¬ 
lators, 131; Governor, 154; 
Lieutenant-governor, 15 4; 
other State officers, 162, 164. 
165; representatives, 226; sen¬ 
ators, 22 6; President, 25 3; 
Vice-president, 253. 

School, a government, 26-28; 
ceaches citizenship, 28-29; first 
free public, 29; history, 29-30; 
supervision of, 196-197; expens¬ 
es, 197-198. 

School district, why needed, 32; 
government of, in country, 33- 
37; in cities, 37. 

Search-warrant, defined, 110. 

Secretariat, League of Nations, 
306 . 

Secretary-General, League of Na¬ 
tions, 306. 

Senate, State, members, 127; ses¬ 
sions, 134; officers, 13 6; com¬ 
mittees, 14 7; quorum, 136; or¬ 
der of business, 138; journal. 
137; method of voting, 139; 
sole powers, 156, 177. 

Senate, United States, composi¬ 
tion, 22 4; officers, 228; com¬ 
mittees, 22 8; quorum, 22 8; pro¬ 
cedure, 228; method of voting, 
230; sole powers, 245; journal, 
229; trial of impeachment, 252. 

Senators, United States, election, 
224; term, 224; qualifications, 
225; compensation, 226; privi¬ 
leges, 225-226. 


Sentence, of criminal, 182. 

Sergeant-at-arms, in Legislature, 
135; in Congress, 227, 228. 

Sessions, of Legislature, 134; of 
Congress, 226, 227; of Assem¬ 
bly and Council of League of 
Nations, 305. 

Sheriff, 85-86. 

Sherman Law, 239. 

Society, its improvement, 16; its 
duty, 17. 

Soils, Bureau of, 278. 

Spirit, its needs, 13-14. 

State, organization of government, 
100-101; services of, 196-200; 
rights of, 292-293; duties of, 
293-294. 

State. Secretary of, of Wisconsin, 
162; of United States, appoint¬ 
ment, 271; duties, 271-273; sal¬ 
ary, 271. 

Streets, village, 55; city, 64, 70. 

Subpoena, defined, 112. 

See voters. 

Sub-treasuries, 273. 

Suffrage, safeguards of, 124-125. 

Summons, defined. 183. 

Superintendent of Schools, county, 

88; State, 163. 

Supervising teachers, county, 94. 

Supervisors, in town, 44; in vil¬ 
lage, 56; in city, 66; county 
board of, 82-84. 

Supreme Court, State, organiza¬ 
tion, 175, 176; jurisdiction. 

176, 177. 

Supreme Court, United States, or¬ 
ganization, 284; jurisdiction, 
288-289. 

Surveyor, county, 88. 

T 

Tariff, kinds of, 236. 

Tax, State Commission, 166. See 
taxes . 

Tax rate, general property, 189; 
income, 192; inheritance, 193. 

Tax receipt, 190. 

Tax roll, 190. 


INDEX 


319 


Taxes, levy in school district, 34; 
in town, 41-42; in village, 56; 
in county, 84; corporation, 187; 
general property, 187; income, 
191; inheritance, 193; collec¬ 
tion of, 190; returns. 190; Unit¬ 
ed States direct, 235, indirect, 
235; collection of, United 
States, 273. 

Term of office, school district, 35; 

' town, 43; village, 54; city, 62; 
county, 85; State legislators, 
131; Governor, 153; Lieuten¬ 
ant-governor, 160; other State 
officers, 162; Representatives, 
224; Senators, 224; President, 
251; Vice-president, 251. 

Territories, government of, 291; 
how organized into states, 292. 

Territory, Northwest, 99; of Wis¬ 
consin, 100. 

Town, government, 39-51; meet¬ 
ing. 40; size of, 39. 

Treasurer, school, 36; town, 47; 
village, 57; city,. 68; county, 
87; State, 163; restrictions on, 
193, 194; United States, 273. 

Treasury, Secretary of, appoint¬ 
ment, 271; duties, 273-274; 
salary, 271. 

Treaty-making power, 264-265. 

Trial, rights of accused at, 111- 
112; where held, ISO; steps in, 
181. 

U 

Union, steps leading to, 205; first, 
207; proposed plans, 208. 

V 

Vacancies, in school district, 35; 
town, 43; village, 56; city, 62- 
63; county, 85; Legislature, 
131; Governor, 154; Lieuten¬ 
ant-governor, 161; other State 
officers, 156; Representatives, 


224; Senators, 225; President, 
251. 

Venire, 181. 

Verdict, 181, 182. 

Veto, of mayor, 67; of Governor, 
149, 158; of President, 230, 
262. 

Village, need for, 53; organization 
of, 54 note; election in, 54; offi¬ 
cers of, 55-58. 

Voters, in school district, 33; in 
towns, 40 note; in State, 117- 
119; disqualifications, 119-120; 
registration of, 120. 

Voting, in town meeting, 41; in 
city council, 64; in county 
board; 83; in Legislature, 139; 
in House of Representatives, 
229; in Senate, 230; in League 
of Nations, 306. 

W 

War, carry on by State, condition¬ 
al, 143; Congress to declare and 
provide for, 242-243; College, 
274. 

War, Secretary of, his appoint¬ 
ment, 271; duties, 27 5-276; 
salary, 271. 

Warrant, of arrest, defined, 110; 
how served, 179; search, de¬ 
fined, 110. 

Weather, Bureau of, 278. 

Weights and Measures, fixed by 
Congress, 239. 

Wisconsin, under French, 98; un¬ 
der English, 98; United States, 
99; made a territory, 100; made 
a State, 101. 

World State, movement toward, 
300, 301; need of, 301-302. 

Writ, of certiorari, of habeas cor¬ 
pus, of injunction, of manda¬ 
mus, of quo warranto, 175; of 
error, 181. 
































































































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T 








































































